DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 00250-13
17 October 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 16 October 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 enlisted in the Marine Corps and began a period of active
duty on 26 October 1987. The Board found that on 7 July 1988,
you completed level III alcohol rehabilitation treatment and were
placed on a 12 month aftercare program. On 29 July 1988, you
were counseled regarding excessive use of alcohol, and warned
that further use could result in administrative discharge action.
During the period from 2 March 1989 to 2 July 1991, you received
three nonjudicial punishments (NJP’s) for unauthorized absence,
two instances of failing to go to your appointed place of duty,
and being incapacitated for the proper performance of duty due to
over indulgence in intoxicating liquor. Subsequently,
administrative discharge action was initiated by reason of
misconduct due to a pattern of misconduct. You waived your
rights to consult counsel, submit a statement or have your case
heard by an administrative discharge board (ADB). On 27 August
1991, your case was forwarded recommending that you be discharged
under other than honorable (OTH) conditions by reason of
misconduct. The separation authority concurred and directed an
OTH discharge by reason of misconduct due to a pattern of
misconduct. You were so discharged on 20 September 1991.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your record of
service, post service accomplishments, and desire to change your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your three NJP’s and the fact that you were warned of the
consequences of further misconduct and over indulgence in
drinking liquor. The Board also noted that you waived the right
to an ADB, your best chance for retention or a better
characterization of service. 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,
Lo Ree
W. DEAN PF
Executive Direttor
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