DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S COURTHOUSE ROAD SUITE 1001 ARLINGTON VA 22204-2490 Docket No: 10672-19 Ref: Signature Date Dear , This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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 24 August 2020. 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 20 June 1988. On 9 December 1988, you were counseled for failure to report back from liberty. On 17 March 1989, nonjudicial punishment (NJP) was imposed on you for Disrespect to a Commissioned Officer (CO). On 31 July 1989, you were counseled for Driving While Intoxicated. On 12 September 1990, you were counseled for passing out in the barracks. You were subsequently seen by a substance abuse counselor and assigned to Level III treatment. On 6 May 1991, the Joint Drug and Alcohol Counseling Center (JDACC) notified your CO of your non-compliance with your Aftercare Program. On 9 May 1991, JDACC notified your CO that you told your unit Sergeant Major you would not comply with your Aftercare Program, and requested that you be processed from the Marine Corps as soon as possible. On 9 August 1991, you were notified of administrative separation proceedings against you by reason of alcohol abuse rehabilitation failure, and that the least favorable characterization of service would be a general (under honorable conditions). On 5 September 1991, the Separation Authority directed you be administratively separated with a general discharge (under honorable conditions), by reason of alcohol abuse rehabilitation failure. You were discharged from the Marine Corps on 11 September 1991. You requested an upgrade of your narrative reason. You stated you were informed that if you did not get in any trouble with the law for ten years, you could get your narrative reason upgraded. The Board concluded these factors and assertions were not sufficient to warrant a change to your narrative reason given your misconduct, which resulted in NJP and alcohol abuse rehabilitation failure. The Board noted there is no provision of law or in Navy regulations that allows for re-characterization of service due solely to the passage of time. It is regretted that 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, 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,