DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
               
Docket No: 1407-19                                                             
Ref: Signature Date 

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 11 February 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps on 24 March 1997.  On 20 August 1998, you received a medical evaluation which determined that you were alcohol dependent and depressed.  The medical provider noted that you stated that you wanted out of the Marine Corps.  On 5 January 1999, you refused alcohol treatment for your alcohol dependence.  As a result, you were notified of pending administrative separation action by reason of alcohol rehabilitation failure.  After you waived your rights, your commanding officer (CO) recommended that you be separated with a general (under honorable conditions) characterization of service due to alcohol rehabilitation failure.  The discharge authority approved this recommendation and directed a general discharge by reason of alcohol rehabilitation failure.  On 26 February 1999, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that your type of discharge and reason are in error.  In this regard, the Board concluded that your failure and unwillingness to attend alcohol rehabilitation outweighed your desire to upgrade your discharge and supports the separation authority’s decision to issue you a general discharge. 

In regard to your contention that your type of discharge and reason are in error, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that the record shows that you were notified of and waived your right to present your case to an administrative board (ADB).  In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization of service. 

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 the 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, 

3/24/2020