DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TAL
Docket No: 12457-10
19 August 2011
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.
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 August 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.
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 3 August 1998 at age 21. On 11 May 1999, you were
hospitalized at the Naval Hospital, Camp Pendleton, California,
in the Naval Addictions Rehabilitation and Education Department
with a diagnosis of alcohol dependence. You completed the
treatment and on 28 May 1999, you were returned to duty and
placed in a formal one year recovery program. On 14 July 1999,
you received nonjudicial punishment (NJP) for willfully
disobeying a lawful order from the duty noncommissioned officer
to take your beer into his room. On 22 July 1999, you were the
subject of a mental health evaluation where you were diagnosed as
alcohol dependent not in remission. It was recommended that you
be expeditiously processed for administrative separation as an
aftercare failure. On 12 August 1999, you again received NJP for |
failure to go to your appointed place of duty {restricted muster)
and failure to obey a lawful regulation, by being intoxicated
while on restriction. You were counseled regarding your
misconduct and warned that further offenses could result in
administrative separation. You were notified of pending
administrative discharge processing with a general discharge due
to alcohol rehabilitation failure. You waived your right to have
your case heard by an administrative discharge board (ADB). You
did, however elect to submit a written statement. On 24 November
1999, you received the general discharge for 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 weré not sufficient to warrant recharacterization
of your discharge given your two NJPs and failure 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 individuals who have committed
misconduct. 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. DEAN PFET
Executive Di
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