Docket No: 8649-19 
Ref: Signature Date 
 
MR 

Dear Mr. : 
 
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 23 September 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 on 17 April 1984.  According to the information in your record, on 18 September 1984, you received non-judicial punishment (NJP) for unauthorized absence (UA) totaling five days.  On 22 March 1985, you received a warning counseling due to being apprehended by civil authorities for driving while intoxicated (DWI).  On 17 May 1985, you received NJP for absence from appointed place of duty.  On 8 January 1986, you received NJP for disobeying a lawful order from a commissioned officer, two specifications of disobeying a lawful order from a non-commissioned officer (NCO), drunk and disorderly conduct, committing indecent exposure, and two specifications of communicating a threat.  On 19 January 1987, the Ohio State Police apprehended you for DWI and sentenced you to 14 days incarceration, suspended your license for one year, and a $278.00 fine.  Although the Board lacked your entire service record, the Board relied on a presumption of regularity that you were notified of the recommendation that you be discharged by reason of misconduct due to a pattern of misconduct.  After waiving your rights, your commanding officer (CO) recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to a pattern of misconduct.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct.  On 13 April 1987, you were discharged.  As stated previously, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumes that you were properly discharged from the Marine Corps. 
   
The Board carefully weighed all potentially mitigating factors, such as character letters, your desire to upgrade your discharge, contentions that you have “straightened up” your life, no longer abuse alcohol, and all your problems were alcohol related.  In this regard, the Board concluded that the misconduct reflected in your record outweighed your desire to upgrade your discharge.   
 
In regard to your contention that you have “straightened up” your life and no longer abuse alcohol, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Marine Corps or the basis for your discharge.  Regarding your contention that all your problems were alcohol related, the Board noted that alcohol abuse is not an excuse for misconduct, and disciplinary action and administrative separation are appropriate alcohol related offenses.     
 
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,