DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3882-19 Ref: Signature date Dear This is in reference to your application of 25 April 2019 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 2 December 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, and applicable statutes, regulations, and policies. You enlisted in the Marine Corps and began a period of active duty on 8 September 1998. On 28 June 2000, you received non-judicial punishment (NJP) for being drunk on duty. On 30 April 2001, you were counseled for drinking hard liquor in the barracks. On 31 July 2002, the Substance Abuse Counseling Center diagnosed you with alcohol abuse. On 12 August 2002, you were counseled for assault and being drunk and disorderly in Honolulu. On 2 October 2003, you were arrested for driving under the influence in . On 12 November 2003, you were administratively reduced to E-3. On 31 December 2003, you received NJP for disobeying an order or regulation and reckless endangerment. On 25 February 2004, you received NJP for unauthorized absence and two specifications of insubordinate conduct. Subsequently, an administrative action to separate you from the naval service was initiated for a pattern of misconduct. On 25 February 2004, you waived your right to consult with counsel and your right to an administrative board. On 22 March 2004 the Wing Surgeon opined that he did not support your diagnosis of alcohol abuse from the Substance Abuse Counseling Center and stated that your actions were more consistent with a diagnosis of alcohol dependence. After being afforded all of your procedural rights, your case was forwarded to the separation authority for review. On 31 March 2004, the separation authority directed that you be separated with an other than honorable (OTH) characterization of service. You received an OTH discharge on 7 April 2004. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions you were 26 and did not think your decisions would have such an effect on your life and were suffering from alcohol abuse. Additionally, the Board considered your assertion that it was your first time living away from home and you drank to suppress nervousness. Finally, the Board considered your assertion that the command ordered you to seek treatment, you were determined to succeed, went to AA and followed all instructions, but were charged with UA when you missed an appointment. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in three NJPs and multiple counselings. The Board noted that you waived your procedural rights in connection with your administrative separation. By 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, 2/22/2020 Executive Director