DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No:  1724-19               
Ref: Signature date 

This letter 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 that 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 28 October 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, as well as applicable statutes, regulations, and policies. 

You enlisted in the Marine Corps and began a period of active duty on 16 August 1999.  On 17 July 2000, you were counseled for breaking regulations and lying to the duty non­commissioned officer (DNCO).  On 3 November 2000, you were convicted by summary court-martial (SCM) of smoking in an unauthorized area, underage drinking, underage possession of alcohol, vandalism of private property (slashing a car tire), and unauthorized absence.  One month later, on 14 December 2000, you received nonjudicial punishment (NJP) for several specifications of breaking restriction from the aforementioned SCM, disrespect to a non­commissioned officer (including resisting restraint after grabbing a knife), and disrespect to a commissioned officer at the naval hospital during admission and evaluation.  On 8 January 2001, you were administratively reduced to pay grade E-1.  On 7 March 2001, you were diagnosed as an alcohol abuser and were enrolled in the base outpatient alcohol rehabilitation program.  On 16 March 2001, you were disenrolled from that program due to being caught by military police again drinking underage and having an open container in your vehicle. As such, the counseling center “strongly recommended” that you be expeditiously processed for administrative separation.  On 20 March 2001, you received NJP for disobeying a lawful order from the battalion commander, disobeying the direct order of the DNCO, twice failing to go to your appointed place of duty, and communicating a threat (to include threatening to stick in knife in the DNCO’s throat).  Subsequently, administrative discharge action was initiated to separate you from the naval service by reason of your pattern of misconduct and alcohol rehabilitation failure.  On 28 March 2001, the CO served you notice of administrative separation proceedings.  On 2 April 2001, you consulted counsel and exercised your right to be represented by legal counsel and have your case heard before an administrative discharge board.  On 11 May 2001, an administrative board unanimously determined that you had committed a pattern of misconduct and alcohol rehabilitation failure and recommended that you be you be separated with an other than honorable (OTH) characterization of service. On 4 April 2001, your commanding officer stated that you had been an administrative and disciplinary burden on the command, and had received “numerous formal and informal platoon-level counselings,” including “three for being late or missing, two dishonored checks, [and] one for failure to financially support [your] family.” Your CO recommended that you receive an OTH discharge.  On 8 June 2001, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  On 13 June 2001, you were so discharged.   

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your assertions that you felt pressured and were under the age of 21 when these incidents occurred.  The Board also considered your feeling that you should be given another chance and that you desire to receive military benefits due to your time in the military.  However, under the totality of the circumstance, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in two NJPs and a SCM conviction. 

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. 



11/27/2019