DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 01345-12
5 December 2012
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 4 December 2012. 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 23 September 1986. The Board found that you received
three nonjudicial punishments (NJP’s) for driving under the
influence of alcohol, two instances of underage drinking, two
instances of disobedience, and being incapacitated for the proper
performance of duty. Additionally, you were counseled concerning
your substandard conduct, alcohol dependence, being dropped from
a Level III alcohol rehabilitation treatment, antisocial
personality disorder, suicidal gestures, and pattern of
misconduct. You were also warned that further misconduct could
result in administrative discharge action. On 9 March 1989, you
were convicted by summary court-martial (SCM) of drunk and
disorderly conduct. On 2 May 1989, you began a period of
unauthorized absence (UA) that lasted 269 days, ending on
26 January 1980. On 20 March 1990, you submitted a written
request for a good of the service discharge in order to avoid
trial by court-martial for 269 days of UA. Prior to submitting
this request for discharge, you conferred with a qualified
military lawyer, were advised of your rights, and were warned of
the probable adverse consequences of accepting such a discharge.
Your request for discharge was granted and on 22 May 1990,
you received an other than honorable discharge for the good of
the service in lieu of trial by court-martial. As a 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.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, record of
service, post service accomplishments, and current sobriety from
drugs and alcohol. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of your
discharge given your misconduct that resulted in three NJP’s for
serious offenses, failure to adhere to your command's alcohol
rehabilitation treatment program, numerous counselings, the fact
that you were warned of the consequences of further misconduct,
charges being preferred to a court-martial for a period of UA
totaling over eight months, and request for discharge. The Board
believed that considerable clemency was extended to you when your
request for discharge was approved. The Board also concluded
that you received the benefit of your bargain with the Marine
Corps when your request for discharge was granted and should not
be permitted to change it now. 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,
Sneek
W. DEAN PFE
Executive Dikgc
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