DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 7353-10
29 March 2011
This is in reference to your applicati
naval record pursuant to the provision
States Code, section’1552.
on for correction of your
s of title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 23 March 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.
sous consideration of the entire
evidence submitted was insufficient
f probable material error or
After careful and conscient
record, the Board found the
to establish the existence ©
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 10 May 1988 at age 22. On 21 May 1989, you were
counseled for an alcohol-related incident on Kadena Airbase,
Japan, for a driving while under the influence of alcohol and
disorderly conduct. on 6 June 1989, you received nonjudicial
punishment (NIP) for disobeying a lawful regulation by drinking
alcoholic beverages and driving. On 15 August 1991, the Command
Substance Abuse Counseling Center (CSACC) diagnosed you as
alcohol dependent. on 20 August 1991, you were convicted by
civil court of a hit and run vehicle accident and sentenced to a
$1000 fine, 180 day jail confinement and to have your driver's
license suspended for six months. The confinement was reduced to
60 days and the fine was reduced to $500. On 10 October 1991,
you received NJP for failure to go to your appointed place of
duty. On 24 Oct 1991 you entered Level III Alcohol
Rehabilitation Treatment. On 27 November 1991, you were
dismissed from Level III as a rehabilitation failure. On
15 August 1991, you were notified of pending administrative
discharge processing with a general discharge due to alcohol
rehabilitation failure. You waived your procedural rights,
including your right to an administrative discharge board (ADB).
On 17 March 1992, you received the general discharge for alcohol
rehabilitation failure.
The Board, in its review of your application, canefully 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 gwo NUPs, civil conviction and
faidure to complete your command’s alcohol rehabilitation
program. The Board noted that you waived your right to an ADB,
your best opportunity “for retention or a better characterization
of service. Finally, the Board found that you were fortunate to
receive a general discharge, since a characterization under other
than honorable condition is often directed for misconduct such as
yours. 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. DI
Executive
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