Docket No: 3626-20 
Ref: Signature Date 
               
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied. 
 
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, sitting in executive session, considered your application on 24 March 2021.  The names and votes of the panel members 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 the Board.  Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Marine Corps and began a period of active duty on 22 May 1995.  On 29 April 1996, you were evaluated by Consolidated Substance Abuse Control Center, it was determined that you met the criteria for a diagnosis of alcohol dependence.  As a result, you were recommended for intensive outpatient treatment.  You participated in and completed Level III, Alcohol Rehabilitation Treatment that included a one-year aftercare program.  On 5 May 1997, you presented yourself to the Naval Hospital concerning alcohol consumption, substance abuse, and auditory/visual hallucinations.  You were discharged from the Naval Hospital on 9 May 1997.  On 4 June 1997, the Naval Addictions Rehabilitation and Education Department recommended administrative discharge because of Level III treatment failure.   
 
Subsequently, 6 June 1997, you were notified that you were being recommended for administrative discharge from the naval service by reason of alcohol rehabilitation failure because of continuous use of alcohol and per the recommendation of the Naval Addictions Rehabilitation and Education Department.  You waived your procedural right to consult with legal counsel.  On 1 October 1997, you were administratively discharged from the Marine Corps with a general (under honorable conditions) characterization of service by reason of alcohol rehabilitation failure. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and assertion that you had a very rough and abusive upbringing with parents that drank all of the time, with uncles and rude cousins that abuse little girls.  You have learned to live with this abuse, and it is in your past.  You further contend that you no longer drink or live a wild or fast lifestyle, and you have learned throughout these years that alcohol only makes life harder.   
 
Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your failure to comply with your prescribed aftercare treatment program warranted your administrative separation and characterization of service as issued.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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,