DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 5521-10
2 February 2011
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 1 February 2011. 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.
Ly
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.
You reenlisted in the Marine Corps on 29 February 1992 after
more than seven years of service. During your prior
enlistment, you were convicted in civil court in the Eastern
District of Virginia of reckless driving and refusal to submit
to-a breathalyzer. During your last enlistment, you were
convicted in civil court in Stafford, Virginia, of driving
while intoxicated (DWI), and in Prince William County,
Virginia, of DWI. On 18 August 1992, you were convicted of
violating your probation from your first two offenses, and
sentenced to 60 days in jail. You were then notified that your
commanding officer was recommending you for administrative
separation with an under conditions other than honorable (OTH)
discharge due to misconduct (civilian conviction). You waived
all of your procedural rights, including your right to an
administrative discharge board (ADB). On 16 November 1992, you
refused alcohol rehabilitation. On 18 December 1992, you
received an under conditions OTH discharge due to misconduct
(civilian conviction), and were assigned an RE-4 (not
recommended for retention) reentry code.
In its review of your application, the Board carefully weighed
all potentially witigating factors, such as your prior
honorable service and belief that you only had one DWI. The
Board concluded,#however, that your discharge should not be
upgraded due to your numerous acts of alcohol-related
misconduct. You are advised that no discharge is upgraded due
merely to the passage of time or post service good conduct.
The Board found that you waived your right to an ADB, your 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,
W. DEAN PFE
Executive Di
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