DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
	WASHINGTON DC 2O37O~5IQO	

		CRS
Docket No: 9771-05
26 September 2006

This is in reference to your application for correction  of your naval record pursuant to the provisions of title 10 of the United Stated Code section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 August 2006. 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 that the evidence submitted s insufficient to establish the existence of probable material error or injustice.

The Board found that you enlisted in the Marine Corps on 12 March 1984. The record reflects that you received five nonjudicial punishments. The offenses included sitting down while on watch, willfully destroying government property, uttering worthless checks, disrespect, failure to obey a lawful order and violating an order by having 20 empty beer cans in your room.

Although your record does not contain the separation processing documents, it appears that your commanding officer recommended that you be separated with an other than honorable discharge by reason of misconduct due to a pattern of misconduct and, after review by the discharge authority, the recommendation for separation was approved. The record clearly shows that on 2 July 1987 you received an other than honorable discharge.

In its review of your application, the Board carefully weighed all potentially mitigating factors, such as your contention that alcohol abuse caused your misconduct. However, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge, given your record of frequent involvement with military authorities. Furthermore, you were the subject of five disciplinary actions in a period of less than four years. In this regard, alcohol abuse does not excuse misconduct. 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,

W. DEAN PFEIFFER
Executive Director