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NAVY | BCNR | CY2010 | 01573-10
Original file (01573-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
: 2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

TJR

Docket No: 1573-10
12 November 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 9 November 2010. The names and votes of the
members of the panel will be furnished upon request. 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 on 8 July 1981 at age 24 and
served for about three months without disciplinary incident.
However, Guring the period from 29 October 1981 to 16 March 1982,
you received nonjudicial punishment (NJP) on three occasions for
disobedience, assault, disrespect, breaking restriction, and a
four day period of unauthorized absence (UA).

During the period from 17 August to 9 November 1983 you received
NJP on three more occasions for two periods of failure to go to
your appointed place of duty, overindulgence in alcoholic
beverages/intoxication, two specifications of being incapacitated
for duty due to intoxication, and dereliction of duty. Shortly
thereafter, you were processed for an administrative separation
by reason of misconduct due to minor disciplinary infractions.

As a result of this action, the discharge authority directed your
commanding officer to issue you an other than honorable discharge
by reason of misconduct, and on 30 December 1983, you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and assertion that
your alcohol abuse was the result of a bombing incident that
occurred in Beirut, Lebanon, on 23 October 1983. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of your repetitive
misconduct which resulted in six NUPs. Finally, the Board noted
that alcohol abuse is not an excuse for misconduct and you were
sesponsible for your actions. Accordingly, your application has
sheen denied. t

’

    
 

It is regretted that the circumstances of your case are such that

favorable ation 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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