DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2778-16 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions ofTitle 10 of the United States Code, Section 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 4 January 2017. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 

You enlisted in the Marine Corps and began a period of active duty on 9 December 1996. On 2 
December 1997, you were counseled for the following deficiencies: Underage alcohol 
consumption. You were advised that failure to take corrective action may result in 
administrative separation. On 20 December 1997, you were apprehended by civilian authorities 
for driving while intoxicated (DWI). On 22 December 1997, you were scheduled to begin Level 
III treatment and agreed to fully participate. On 24 December 1997, you refused to continue 
treatment. On 7 January 1998, you were again counseled regarding the following deficiencies: 
Underage alcohol consumption and frequent involvement with civilian authorities. On 9 January 
1998, you received NJP for failure to obey an order or regulation by·wrongfully consuming 
alcohol while under the legal age and insubordinate conduct. Subsequently, the Commanding . 
Officer recommended administrative separation by reason of alcohol abuse rehabilitation failure 
with an Other Than Honorable (OTH) characterization of service. The separation authority 
directed an OTH discharge and on 11 August 1998, you were discharged with an OTH 
characterization ofservice. 

The Board, in its review ofyour record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge and contention that you believe 
that there were conditions that were beyond your control and per a diagnosis from a doctor, you 
were self-medicating due to being bi-polar and having attention deficit hyperactivity disorder 
(ADHD). The Board concluded these factors were not sufficient to warrant relief in your case 
because ofthe seriousness of your repeated misconduct. Regarding your contention that you 
were self-medicating due to being bi-polar and having ADHD, the Board noted there was no 
evidence in your record and the evidence that you provide was insufficient to support your 
contention. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director