DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8775-17 Ref: Signature date Dear This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, section 1552. After careful and conscientious consideration of the entire record, the 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 for Correction of Naval Records, sitting in executive session, considered your application on 16 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, applicable statutes, regulations, and policies. You reenlisted in the Marine Corps on 25 September 1986, after over eight years of honorable service. On 11 February 1988, you were counseled for poor judgement after a civil arrest for driving under the influence of alcohol. You were advised that failure to take corrective action could result in an administrative separation or judicial proceedings. On 20 March 1988, you were admitted to a Level III inpatient alcohol rehabilitation program. You completed the program and you were placed on an aftercare status. On 3 May 1988, you were counseled and advised of your responsibility for completing and actively participating in your aftercare program. On 3 November 1990, your received nonjudicial punishment (NJP) for dereliction in the performance of duties by being intoxicated and unfit for duty. Subsequently, you were notified of pending administrative separation by reason of misconduct due to a pattern of misconduct at which time you waived your procedural right to present your case to an administrative discharge board (ADB). Your commanding officer recommended discharge under honorable conditions by reason of misconduct due to a pattern of misconduct. While awaiting final approval from the separation authority, you received NJP for failure to go to your appointed place of duty. On 7 February 1990, the discharge authority directed a general (under honorable conditions) character of service and on 18 February 1990, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your post-service sobriety and your contentions that your commanding officer took it personally when you decided to leave the service and the JAG tried to get you to transfer to another unit, but you declined. The Board concluded these factors were not sufficient to warrant relief in your case because of your misconduct that resulted in two NJPs and your failure to adhere to an alcohol rehabilitation program. In regard to your contentions, the Board noted that they were unsupported in the record or by any submitted documentation. The Board in its review discerned no impropriety or inequity in the discharge. It is regretted that the circumstances of your 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 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