DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 4915-14
11 May 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
6 May 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 3 April 1985. You served for six months without
disciplinary incident, but during the period from
19 November 1985 to 16 April 1986, you received nonjudicial
punishment (NUP) on three occasions. Your offenses were sleeping
on post, drunk and disorderly conduct, breaking restriction,
incapacitation for the performance of duties and destruction of
government property.
On 16 May 1986, you were admitted to the Alcohol Rehabilitation
Service Department, Navy Hospital, Millington, TN, due your
diagnosed alcohol dependency. You failed to complete the
treatment program, due to your failure to observe ward policies
and procedures. On 3 June 1986, you were discharged from
inpatient treatment. On 18 July 1986, you were again admitted
for alcohol rehabilitation treatment. On 29 August 1986, you
completed the alcohol treatment program. You were discharged
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your command and given an aftercare Management program. On
10 December 1986, you received NUP, for unauthorized absence from
your unit fora period of six days and failure to obey a written
regulation.
Subsequently, you were notified of pending administrative
separation by reason of misconduct due to a pattern of misconduct
at which time you waived your procedural rights to consult with
legal counsel and to present your case to an administrative
discharge board (ADB). Your commanding officer recommended
discharge under other than honorable conditions by reason of
misconduct due to a pattern of misconduct. The discharge
authority approved this recommendation and directed separation
under other than honorable conditions by reason of misconduct,
and on 31 December 1986, 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
allowances should be made for your diagnosed alcohol dependence.
Nevertheless, the Board found that these factors were not
sufficient to warrant recharacterization of your discharge given
the seriousness of your repeated misconduct. The Board noted
that you waived the right to an ADB, your best opportunity for
retention or a better characterization of service. Regarding
your assertion, alcohol abuse may be a mitigating factor for
misconduct; however, the Board felt your multiple incidents of
misconduct prior to alcohol rehabilitation treatment combined
with your subsequent NJP after treatment justified your
characterization of service. 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 Le
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.
Sincezely,
ROBERT J. O'NEILL
Executive Director
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