DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 584-11
12 October 2011
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, United
States Code, gection 1552,
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 October 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 ali 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 11 July 2989 at age 17. On 27 February 1990, you
received nonjudicial punishment (NJP) for failure to go to your
appointed place of duty. On i6 January 1991, you received NUP
for disobeying a lawful order by drinking alcohol while under the
legal age. On 14 February 1991, you completed Level II alcohol
rehabilitation treatment. On 7 June 1991, you received NUJP for
disobeying a iawful order by wrongfully drinking alcohol while
under the legal age. You were counseled concerning an alcohol
related incident on 25 April 1991, where you were arrested and
charged with being drunk and urinating in public. You were fined
$20.00 in civil court. On 28 August 1991, you were admitted to
Level III alcohol dependence rehabilitation treatment. On 23
September 1991, you were discharged from the Level III treatment
program as a rehabilitation failure. On 8 October 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 30 October 1991, 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 were not sufficient to warrant recharacterization
of your discharge given your three NUPs, civil conviction and
failure to complete your command’s alcohol rehabilitation
program. 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,
Lem Qu
W. DEAN PREIRF
Executive DiveckSr
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