DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 10268-10
8 July 2011
Si eee ae a
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 6 July 2011. 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 14 May 1987 at age 18 and
served for nearly a year without disciplinary incident. However,
on 3 May 1988, you received nonjudicial punishment (NJP) for
wrongful use of marijuana. The punishment imposed was a
forfeiture of pay, extra duty for 45 days, and a suspended
reduction to paygrade E-1.
On 16 February 1989 you received NJP for failure to obey a
lawful order by consuming alcohol in an unauthorized area and
disobeying a lawful order by driving while on base revocation.
On 13 and 16 March 1989 you were counselled regarding
deficiencies in your performance and conduct, specifically,
alcohol related offenses, spouse abuse, involvement with and the
use of illegal drugs, and your unsatisfactory and unacceptable
conduct.
Your record contains a military traffic incident report which
notes that you were apprehended, issued a citation to appear in
court, and that your vehicle was impounded because you were
driving under the influence of alcohol or drugs, consuming
alcoholic beverages while being under the legal age, and had
failed a breathalyzer on two occasions. On 25 April 1989 a
portion of the foregoing misconduct was referred for trial. Asa
result, you submitted a written request for an other than
honorable discharge in order to avoid trial by court-martial for
underage drinking, wrongful consumption of alcoholic beverages,
drunken driving, and wrongful use of marijuana. Prior to
submitting this request you conferred with a qualified military
lawyer at which time you were advised of your rights and warned
of the probable adverse consequences of accepting such a
discharge. Subsequently, your request was granted and the
commanding officer was directed to issue you an other than
honorable discharge by reason of the good of the service. Asa
result of this action, you were spared the stigma of a court-
martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor. On 23 May 1989 you were
issued an other than honorable discharge.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
youth and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the seriousness
of your misconduct which included drug abuse, and resulted in two
NJPs and your request for discharge. The Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial was approved. Further,
the Board concluded that you received the benefit of your bargain
with the Marine Corps when your request for discharge was granted
and you should not be permitted to change it now. Accordingly,
your application has been denied.
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,
\Sscad
W. DEAN P R
Executive rector
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