DEPARTMENT. OF THE NAVY.
BOARD FOR CORRECTION-OF NAVAL RECORDS
7015. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 01420-13
15 January 2014
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 14 January 2014. 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
‘ro establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 22 October 1986. The record reflects that on 23 July
1987, you were medically diagnosed as an alcohol abuser. Jt was
recommended that you attend Level Ii inpatient alcohol
rehabilitation. On 10 September 1987, you received nonjudicial
punishment (NIP) for dereliction of duty by willfully failing to
complete Level II impatient treatment. On 17 September 1987, you
were counseled regarding your alcohol abuse and failure to adhere
to the rules and regulations governing good order and discipline.
You were warned that further misconduct could result in
administrative discharge action. On 24 September 1987, you
received a second NJP for breaking restriction. You received a
forfeiture of pay, restriction, and extra duty. Additionally,
you were counseled and warned again, that further misconduct
could result in administrative discharge action. On 20 June
1988, were counseled regarding your continual abuse of alcohol
that resulted in two incidents of driving under the influence.
On 24 July 1988, you began a period of unauthorized absence (UA)
that lasted 52 days, ending on 14 September 1988, On
29 September 1988, you submitted a written request for an other
than honorable (OTH) discharge in order to avoid trial by court-
martial for 52 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. Subsequently, your
request for discharge was granted, and on 6 October 1988, you
received an OTH discharge 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 and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NUP’s,
failure to adhere to your command’s alcohol rehabilitation
program, lengthy period of UA, 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,
Fe ek >. Aet
ROBERT D. 4SALMAN
Acting Executive Director
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