DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 12238-09
20 August 2010
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, 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 18 August 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 naval record, and applicable statutes, regulations,
and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 10 May 1988 at age 22. On 11 June 1990 you completed
Level III Alcohol Rehabilitation treatment. You were put on an
aftercare program that consisted of Antabuse therapy for one
year, Alcoholics Anonymous meetings three times a week and
participation in an aftercare support group for six months. On
29 March 1991, your command was notified that you were in hands
of civil authorities in Yuma, Arizona, for domestic assault. On
2 July 1991, your commanding officer suspended your base driving
privileges after you were apprehended and arrested at
Winterhaven, California, for driving while intoxicated (DWT).
On 5 August 1991, you were convicted in the Imperial County
Municipal Court in Calexico, California, of DWI with a .22
percent blood alcohol content (BAC). You were sentenced to three
years probation and fined $995.00. On 15 August 1991, you
received nonjudicial punishment (NUP) for failure to go to your
appointed place of duty and willfully disobeying a lawful order
of a superior officer. On 15 August 1991, you were notified of
pending administrative discharge processing with a general
discharge due to a pattern of misconduct (alcohol rehabilitation
failure). You waived your procedural rights, including your
right to an administrative discharge board (ADB). On 16 August
1991, you again received NUP for being incapacitated for the
performance of your duties. On 17 September 1991, you received
the general discharge for a pattern of misconduct and alcohol
rehabilitation failure.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your two NUPs, civil conviction and
failure to complete your command’s alcohol rehabilitation
program. Finally, the Board noted that you waived your right to
an ADB, your best opportunity for retention or a better
characterization of service. 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,
LoQee
W. DEAN PFRIRFS
Executive rd tor
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