DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 2114-14
24 March 2015
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.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the. Board for Correction of Naval Records,
sitting in executive session, considered your application on
11 March 2015. 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 and began a period of active
duty on 16 April 1996. During the period from 20 August 1996 to
13 August 1997, you received two nonjudicial punishments (NJPs)
for four instances of underage drinking, three days of
unauthorized absence, and three retention warnings. On
16 September 1997, you completed intensive outpatient treatment
for alcohol abuse and transferred to a continuing care program.
On 8 December 1997, you were convicted by special court-martial
(SPCM) of two instances of failing to go to your appointed place
of duty, three instances of underage drinking; larceny,
disobedience, and being incapacitated for the proper performance
of duty. Subsequently, administrative discharge action was
initiated by reason of misconduct due to a pattern of misconduct.
After being afforded all of your procedural rights, your case was
forwarded to the separation authority recommending that you
receive an other than honorable (OTH) discharge due to
misconduct. On 5 May 1998, the separation authority concurred
and directed an OTH discharge by reason of misconduct. You were
so discharged on 9 October 1998.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your record of service, post service medical issues, character
letters, and desire to upgrade your discharge. Nevertheless,
based on the information currently contained in your record, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your two NJPs,
conviction by SPCM, and the fact that you were warned, on more
than one occasion, of the consequences of further misconduct.
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 within one year from the date of the Board's decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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,
ROBERT J. O'NEILL
Executive Director
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