Docket No: 4437-21/
8168-11


Dear Petitioner:

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.

Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application. A three-member panel of the Board, sitting in executive session on 11 August 2021, has carefully examined your current request. The names and votes of the members of the panel will be furnished upon request. 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 presented as evidence a personal statement. After careful and conscientious consideration of the entire record, the Board determined that the documentation that you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable material error or injustice.

Regarding your contention that it has been 26 years since your discharge. The Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically due solely to the passage of time. Regarding your contentions that you used drugs while in a blackout state of mind and did not remember anything, treatment for your alcoholism was not offered or available, and you became an alcoholic while serving in the Marine Corps.

The Board noted that there is no evidence in your record, and you submitted none, to support your contentions. Regarding your contentions that you were promoted to E-2 coming out of Boot Camp, worked as a Hometown Recruiter assisting in enlisting three teenagers into the Marine Corps, and during Cook School, you were promoted to E-3 and put in charge of E-4s. The Board noted that a Marine’s service is characterized at the time of discharge based on performance during the current enlistment.

Lastly, regarding your contentions that you turned your life around, sober 12 years, and receiving your license to become a drug and alcohol counselor, the Board noted while commendable, your post-service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge.

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,
8/28/2021
Executive Director



























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