DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7901S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
TIR
Docket No: 4142-12
14 March 2013
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 12 March 2013. 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 enlisted in the Marine Corps on 21 June 1983 and immediately
began a-period of active duty. You served without disciplinary
incident for about eight months. However, during the period from
27 February to 7 September 1984 you received nonjudicial
punishment (NJP) on four occasions for disorderly conduct, three
specifications of failure to obey a lawful order, disobedience,
unbecoming conduct, and breaking xvestriction.
Your record contains an administrative remarks (page 13) entry
which states that on 9 January 1985 you were to participate in a
Level III Alcohol Rehabilitation Program. On 18 March 1985 you
were convicted by civil authorities of driving under the
influence of alcohol. As a-result of this action, you were
dismissed, as a rehabilitation failure, from the Level III
Alcohol Rehabilitation Program. On 9 May 1985 you received your
Fifth NUP for driving with a revoked license, drunk and
disorderly conduct, failure to surrender your identification
ecard, and disrespect.
Subsequently, in June 1985, you were processed for an
_ administrative separation by reason of misconduct due to a
pattern of misconduct. After waiving your procedural rights, on
. 9 August 1985, your commanding officer recommended discharge
under other than honorable conditions by reason of misconduct due
to a pattern of misconduct. On 20 August 1985 the discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason of misconduct,
and on 22 August 1985, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating. factors, such as
your. desire to upgrade your discharge and assertion that your”
discharge should have been based on your failure to complete an
alcohol rehabilitation program, not misconduct. Nevertheless,
the Board concluded these factors were not sufficient to warrant
recharacterization of your other than honorable discharge because
of the seriousness of your repetitive misconduct which resulted
in five NJPs, alcohol rehabilitation failure, and alcohol related
misconduct in both the military and civilian communities.
Finally, applicable regulations state, in part, that even if a
Marine is considered for separation and/or processed for
separation by reason of a medical, mental, or other.
administrative reason, if the Marine meets the requirements of
another reason, such as misconduct, the Marine will be separated
. for the latter reason, as such in your case. 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,
Soe
W. DEAN PFRI
Executive Cc
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