DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 05247-12
27 March 2013
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 26 March 2013. 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 14 January 1987, after six
years of prior honorable service. The Board found that on 15
June 1987 and 27 April 1988, you were convicted by civil
authorities of two instances of driving while intoxicated (DWI).
As a result of your second DWI, you were sentenced to 16 days in
jail, which was to be performed on weekends. A medical
evaluation dated 5 July 1988, stated that you were found not to
be alcohol dependent. Subsequently, administrative discharge
action was initiated by reason of misconduct due to civil
conviction. You waived your rights to consult counsel, submit a
statement or have your case heard by an administrative discharge
board (ADB). Your case was forwarded and the discharge authority
directed that you be separated under other than honorable
conditions by reason of misconduct due to civil conviction. You
were so discharged on 12 September 1988.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your prior honorable
service, desire to change your characterization of service and
belief that your characterization of service would automatically
change after six months. Nevertheless, the Board found that
these factors were not sufficient to warrant any change in your
discharge given your two civil convictions of DWI. Finally, you
are advised that there is no provision of law or in Navy
regulations that allows for recharacterization of a discharge
automatically after six months or due solely to the passage of
time. 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,
TS ne
ROBERT D. ZSALMAN
Acting Executive Director
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