Docket No: 0046-20 
Ref: Signature Date 
 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was 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 9 September 2020.  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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 
 
You enlisted in the Marine Corps and began a period of active service on 27 July 1987.  On 10 December 1987, you underwent a psychological evaluation and you were diagnosed with mild alcohol abuse, and border line personality disorder-existed prior to entry (ETPE).  On 11 December 1987, you signed an acknowledgment of refusal of treatment statement for alcohol abuse.  As a result of your refusal of treatment for alcohol abuse, 176 days from your entry into active service, on 19 January 1988, you were notified of the initiation of administrative separation proceedings.  You waived your right to consult with counsel, and on 21 January 1988, your commanding officer recommended your discharge with an entry level separation (uncharacterized) by reason of alcohol rehabilitation failure.  Subsequently, on 1 February 1988, your discharge was approved, and you were discharged with an uncharacterized character of service by reason of alcohol rehabilitation failure on 9 February 1988.   
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade the characterization of your discharge and adjustment to your separation reason.  You assert that you served 197 days of active duty and 32 days of inactive duty, therefore your characterization of service should be honorable.  You further state that you were not offered any rehabilitation or mental health counseling.  The Board noted you were evaluated by a clinical psychologist and provided a diagnosis of borderline personality disorder-EPTE.  The Board also noted you refused treatment for your alcohol abuse.  With regard to your contention that your characterization of service should be honorable, the Board noted that your administrative separation processing began 176 days from your entry into the service, and that applicable regulations authorize an uncharacterized entry-level separation if the processing of an individual's separation begins within 180 days of the individual's entry on active service.  The Board ultimately determined you were issued a characterization of service in accordance with regulations.   
 
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 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,