Docket No: 2193-21 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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 19 April 2021. The names and votes of the panel members 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 the 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, applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). You enlisted in the U.S. Marine Corps and began a period of active duty on 9 September 1986. On 24 July 1987, you were counseled concerning your poor attitude and advised that failure to take corrective action would result in administrative separation or judicial proceedings. On 27 January 1988, you received your first non-judicial punishment (NJP) for willfully disobeying an order and two (2) specifications of failure to go to your appointed place of duty. On 9 February 1989, you received your second NJP for disrespect. On 22 February 1989, you were directed to Level III treatment for alcohol dependency, at which time, you acknowledged and signed a statement in compliance with the requirements. On 9 March 1989, you refused to take “Antabuse” medication, and were subsequently released from treatment. On 12 and 13 March 1989, you received and acknowledged two (2) 6105 counseling entries concerning your pattern of misconduct (POM) and refusal of Level III treatment. On 23 March 1989, you received your third NJP for disobeying an order, specifically, refusing treatment. You appealed the NJP on the basis that it was unjust and “refusing treatment was within my right as a patient, and therefore, no wrongdoing was present.” On 24 March 1989, you received two (2) additional 6105 counseling entries concerning your POM, disrespect, and NJP. On 27 March 1989, you were notified of pending administrative separation by reason of misconduct, specifically, minor disciplinary infractions, at which time, you elected to waive your procedural rights to an administrative discharge board. Further, you were notified of the commanding officer’s intent to recommend to the discharge authority that you be discharged with an other than honorable (OTH) characterization of service. On 24 April 1989, the discharge authority directed discharge with an OTH characterization of service by reason of misconduct, specifically, minor disciplinary infractions. On 17 May 1989, you were discharged with an OTH characterization of service. The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you “were in the right to refuse medications” per the guidelines contained in the ‘patients rights’ of the Naval Alcohol Rehabilitation Center’s Welcome Aboard package. However, the Board noted you were also informed of the consequences of your actions for failing to abide by such guidelines. The Board further noted that you contend you were discharged for “refusing to take Antabuse.” Your records indicate the reason for separation was due to misconduct, specifically minor disciplinary infractions. Unfortunately, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. The Board concluded there was insufficient evidence of an error or injustice that warrants granting clemency in the form of an upgraded characterization of service. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, your desire to upgrade your characterization of service based on your contentions above. The Board noted you did not submit advocacy letters or post-service documents to be considered for clemency purposes. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your misconduct outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 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, 5/18/2021 Executive Director