Docket No: 11003-19 
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, sitting in executive session, considered your application on 2 March 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 Reserve in 1997 for a period of eight years.  In May 2000, you submitted your commissioning documents through the Officer Selection Officer,   You received an appointment in the Marine Corps and began a period of active-duty service as an officer on 3 June 2000.  On 21 July 2001, you were relieved of command as the Officer-in-Charge, Military Police District    .  On 5 September 2001, charges were preferred against you for your conduct between 17 April 2001 to 25 July 2001:  You were charged with violating Uniform Code of Military Justice, Article 92 (four specifications of orders violations), Article 133 (conduct unbecoming), and Article 134 (two specifications of indecent language).   On 9 October 2001, you submitted a request for resignation in lieu of trial by court-martial.  Your chain of command favorably endorsed your request.  On 5 April 2002, you were discharged from the Marine Corps on the basis of unacceptable conduct, and received an other than honorable characterization of service and a reentry (RE) code of RE-4.  
 
You seek an upgrade to your discharge characterization to honorable.  You provided the Board with a personal statement and referenced medical records from the .  You ask that your in-service diagnosis of alcoholism be taken into consideration when granting you a change to your discharge characterization, and assert that alcoholism created the circumstances that led to the conduct for which you requested an administrative separation.    You contend that, given the proper treatment, you were capable of carrying on a career rather than being forced to resign under threat of felony conviction.  
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you suffered from alcoholism at the time of your misconduct.  The Board, however, noted the seriousness of your repeated misconduct, which included repeated fraternization with junior Marines in your unit, making a sexual advance on a female corporal, and carrying an empty wine bottle through the gate in violation of a base order.  The Board found that, even in consideration of your personal statement and the information you provided about suffering from alcoholism, the seriousness of your repeated misconduct could not be overcome.  Furthermore, the Board noted that, at the time of your discharge, SECNAVINST 1850.4 series provided that processing for administrative discharge for misconduct takes precedence over processing for a medical condition or disability.  Even in consideration of your assertion that you suffered from alcoholism while in the Marine Corps, the Board found that your misconduct as documented in your record was an appropriate basis for your administrative discharge.   Therefore, the Board concluded that your other than honorable characterization of service was issued without error or injustice.     
 
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.