Docket No:  8523-17


Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10 of the United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.

Although you did not file your application 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 for Correction of Naval Records, sitting in executive session, considered your application on 23 January 2019.  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 22 August 1884.  During the period from 24 March to 11 July 1986, you received three nonjudicial punishments (NJP) for driving under the influence (DUI), driving on base with revoked driving privileges, unauthorized absence (UA), disrespect toward a non-commissioned officer, and failure to obey a lawful order.   Additionally, you were counseled on two occasions about your frequent involvement concerning alcohol-related incidents and advised that any further infractions or continuation of deficient performance would result in disciplinary action or processing for administrative discharge.  On 18 July 1986, you completed Level-I Alcohol Education and Rehabilitation.  Although a medical officer diagnosed you as alcohol dependent, you refused treatment.  Subsequently, administrative discharge action was initiated by reason of misconduct due to frequent involvement of a discreditable nature with civil or military authorities.  After you waived all of your procedural rights, your case was forwarded to the separation authority for review.  Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service, and the separation authority approved your separation from the Marine Corps.  On 27 August 1986, you were discharged with an OTH characterization of service.

The Board carefully weighed all potentially mitigating factors, including your contentions that you abused alcohol to deal with being separated from your family, and that you were awarded a Good Conduct Medal (GCM) two months before your discharge.  The Board, however, concluded that these factors and assertions were not sufficient to warrant a change to your discharge given the seriousness of your repeated misconduct, which resulted in three NJPs.  With regard to your contentions, the documentation in your service record indicates you were not awarded the GCM.  The notation on your DD-214 that reads “Good Conduct Medal period commences 860620” merely indicates the beginning date of the period required to earn a GCM, which in your case, was the date following your second NJP.

Regrettably, 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.  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,

Executive Director