Docket No: 0763-20 
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 October 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 duty on 10 July 1994.  You subsequently completed this enlistment with an honorable characterization of service on 6 January 1998 and reenlisted on 7 January 1998.  The record reflects on or about 28 August 1998, you were diagnosed with alcohol dependence.  On 9 September 1998, you received non-judicial punishment (NJP) for an unauthorized absence.  On 13 October 1998, you were admitted for partial hospitalization concerning your alcohol dependence, and were subsequently transitioned to outpatient care on 13 November 1998.  On 20 May 1999, you received an administrative remarks (Page 11) counseling concerning your inability to meet your financial obligations and were provided recommendations for corrective action.  On 15 November 1999, you were convicted by special court-martial (SPCM) of physically controlling a passenger vehicle while drunk and dishonorably failing to pay debt.  As punishment, you were awarded 60 days restriction.  On 9 August 2000, you received your second NJP for absence from your appointed place of being duty and drunk on duty.  On 15 August 2000, you received a Page 11 counseling concerning your alcohol related incident.  Additionally, you were recommended to be seen by Substance Abuse Counseling (SAC) Center.  On 17 August 2000, SAC Center recommended administrative separation due to alcohol rehabilitation failure.     
 
Subsequently, on 24 August 2000, you were notified of pending administrative action to separate you from the naval service because of misconduct due to minor disciplinary infractions.  You were advised of, and waived your procedural right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  Your commanding officer (CO) recommended administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  The discharge authority approved the CO’s recommendation and directed that you be separated from the naval service with an OTH characterization of service.  On 15 September 2000, you were so discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contentions that the record is in error due to circumstances from a marital separation and family problems with your parents.  You served your first four years honorably, re-enlisted, and due to a marital separation, you started to drink more.  Additionally, you were diagnosed as an alcoholic and this disease has taken a large portion of your life. You are now a recovering alcoholic and doing well with your life.  Both of your parents are alcoholics, but you understand that it is no excuse.     
 
After careful consideration of your contentions, the Board sympathizes with the concerns with your parents and your martial situation, however, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service or sufficient evidence to warrant clemency.  Even under the liberal consideration standard, the Board found your misconduct warranted an OTH characterization of service.   
 
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,