DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5160
BIG
Docket No: 9227-09
26 May 2010.
This is in reference to your application for correction of the
naval record of your late brother, Mr. Robert P. Carabetta,
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 26 May 2010. 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 brother’s 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 your brother entered
active duty in the Marine Corps on 28 January 1991. He
received nonjudicial punishment (NIP) on two occasions for
underage drinking, wrongfully drinking alcoholic beverages in
the barracks, and wrongful use of cocaine. After his first
NUP, he was counseled and warned that further offenses could
result in administrative separation. He was notified of
pending administrative discharge processing with an. other than
honorable (OTH) discharge due to misconduct (drug abuse). He
waived all of his procedural rights, including his right to an
administrative discharge board (ADB). On 25 November 1992, he
received an OTH discharge for misconduct (drug abuse), and was
assigned an RE-4 reenlistment code.
In its review of your application, the Board carefully weighed
ali potentially mitigating factors, such as your brother's
youth and alcohol abuse. However, the Board concluded that his
OTH discharge should not be changed due to his misconduct. The
Board noted that he committed further misconduct after being
counseled and warned that further offenses could result in
administrative separation. The Board also noted that he waived
his right to an ADB, his best opportunity for retention or a
better characterization of service. In view of the above, 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,
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