DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RDZ:ecb
Docket No. 00079-11
$2 Rord. 20.1
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 12 April
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 that the evidence submitted was insufficient to
establish the existence of probable material error or injustice.
You enlisted in the Marine Corps on 1 October 1991. On 1 March 1992
you received nonjudicial punishment for underage drinking and being
drunk and disorderly. About one month later you engaged in another
incident of underage drinking and a written warning was placed in
your record book. In July 1992 you participated ina drunken brawl
at Camp Hansen, Okinawa and as a result you were referred to a Marine
Corps substance abuse counseling center for treatment which you
completed on 9 August 2002. Unfortunately on 14 October 2002 you
were arrested by military authorities for driving without a license,
drunken driving and recklessly operating a motor vehicle.
Specifically, while drunk you drove a motor vehicle in and out of
a military convoy and taunted the other drivers by making provocative
gestures.
In order to avoid trial by special court-martial and avoid the very
real possibility of receiving a bad conduct discharge and a
substantial period of confinement at hard labor you offered to plead
guilty to the charges arising from 14 October 1992 at a summary
court-martial and to accept an other than honorable discharge (OTH).
Your commanding officer accepted your offer and you received an OTH
or 4 April 2003.
In its review of your application the Board concluded that in view
of your repetitive misconduct and seriousness of the offenses you
committed on 14 October 2002 your discharge was proper as issued and
should not be changed now as a matter of clemency. The Board believed
that you were shown considerable leniency when your commanding
officer decided not to refer your case to a special court-martial.
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,
ID \
w. D
EAN PF
Executive D or
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