DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7287-09
22 December 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the United
States Code section 1552.
A three-member panel of the Board for Correction of Naval.
Records, sitting in executive session, considered your
application on 16 December 2009. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board. Documentary material considered by the Board consisted of
your application, together with all material submitted in support
thereof, your naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board.found that you enlisted in the Marine Corps on 26 July
1984, On 5 February 1988 you were convicted by a Japanese civil
court of larceny. The court sentenced you to confinement for one
year, which was suspended for three years. On 10 March 1988 you
were classified as an alcohol abuser, but not alcohol dependent.
You also stated that you did not have a drinking problem.
On 4 April 1988 an administrative discharge board recommended
that you be separated with a discharge under other than honorable
conditions by reason of misconduct due to a civil conviction.
You were so discharged on 26 April 1992.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your overall record of ~
service and alcohol abuse. The Board concluded that those
factors were insufficient to warrant recharacterization of your
service. Further, your record indicates that you felt you did.
not have a drinking problem. Accordingly, your application has
been denied. The names and votes of the members of the panel
will be furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Board reconsider its decision upon submission of new and material
evidence or other matter not previously considered by the Board.
In this regard, it is important to keep in mind that a
presumption of regularity attaches to all official records.
Consequently, when applying for a correction of an official naval
record, the burden is on the applicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
W. DEAN PF
Executive Dire tsyor
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