DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 4139-11
10 February 2012
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 7 February 2012. 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 reenlisted in the Marine Corps on 17 August 2000 after four
years of prior service. You continued to serve without
disciplinary infraction until 2 February 2001, when you were
counselled regarding physically handling students. About three
months later, on 29 May 2001, you received nonjudicial punishment
(NJP) for assault on a camp guard sentry. Shortly thereafter,
during the period from 6 to 21 September 2001, you participated
in an intensive outpatient alcohol treatment program in which you
were discharged after completing with minimal success. You were
diagnosed with alcohol dependency and recommended for continued
treatment.
On 11 January 2002 you were convicted by summary court-martial
(SCM) of absence from your appointed place of duty, three
specifications of disrespect, two specifications of disobedience,
four specifications of failure to obey a lawful order,
fraternizing, using provoking words, drunk and disorderly
conduct, and assault. You were sentenced to a $736 forfeiture of
pay, reduction to paygrade E-1, and confinement for 30 days.
On 5 March 2002 you were notified of pending administrative
separation action by reason of misconduct due to commission of a
serious offense and alcohol rehabilitation failure. After
consulting with legal counsel you waived your right to present
your case to an administrative discharge board (ADB). On 14
April 2002 your commanding officer recommended discharge under
other than honorable conditions by reason of misconduct due to
commission of a serious offense and alcohol rehabilitation
failure. Subsequently, the discharge authority approved this
recommendation and directed separation under other than honorable
conditions by reason of misconduct and on 13 May 2002 you were so
discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior satisfactory service and desire to upgrade your
discharge. It also considered your assertion of unjust treatment
and unjust persecution. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct. Further, you were given an opportunity to defend
your actions, but waived your procedural right to present your
case to an ADB. Finally, there is no evidence in the record, and
you submitted none, to support your assertions. 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,
Executive
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