DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8848-17 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 18 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 enlisted in the Marine Corp and began a period of active duty on 27 September 1988. On 27 July 1989, you received non-judicial punishment (NJP) for a period of unauthorized absence (UA) totaling 36 days. On 9 August 1989, you were counseled for your frequent involvement with military authorities and notified failure to take corrective action may result in administrative separation. On 14 September 1989, you were convicted at summary court-martial (SCM) of violation of a lawful order. On 19 October 1989, you received NJP for failure to go to your appointed place of duty, counseled on your frequent involvement with military authorities, and notified further deficiencies would result in administrative separation. On 15 November 1989, you were counseled on your unusual behavior by eating worms and disrespect to your superiors. On 15 May 1990, you were convicted at special court-martial (SPCM) of three specifications of disrespect to a warrant officer and being drunk in formation. You were sentenced to forfeiture of pay, confinement to hard labor, and a bad conduct discharge (BCD). On 5 February 1991, you were denied clemency and restoration by the Navy Clemency and Parole Board. On 19 August 1991, the final appellate review affirmed and directed the execution of your BCD. On 6 September 1991, you were afforded the opportunity to elect in-patient addiction treatment for 30 days at the closest Veterans Affairs (VA) facility to your residence, however, you failed to respond. By failing to respond, you waived in-patient treatment. On 30 October 1991, you were discharged with a BCD. The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your discharge and contention that you did not attend rehab because you were attending college and you will attend rehab if available. The Board concluded there is insufficient evidence to warrant relief in your case given the seriousness of your repeated misconduct which resulted in two NJPs, one SCM, and a SPCM. Additionally, the Board concluded, you were afforded sufficient opportunity to seek in-patient treatment, but waived your right to do so. The Board in its review discerned no impropriety or inequity in your 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, 4/3/2019 Executive Director