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

Docket No: 6195-18   
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 13 May 19.  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 Navy and began a period of active duty on 5 June 2000.  You served without disciplinary incident for approximately two years.  On 22 June 2002, you were charged by with Possession of Alcohol by Persons Under Age 21 by Consumption.”  The following day on 23 June 2002, you were charged by the same unit with driving under the influence (DUI).  On 24 June 2002, you were charged by the same unit with DUI and theft of a motor vehicle.  You received non-judicial punishment (NJP) on 25 June 2002 for failure to obey a lawful order or regulation (consuming alcohol aboard while in an alcohol after care program and leaving the ship against orders) and wrongfully making, altering, counterfeiting or tampering with a military official pass, permit, discharge certificate, or identification card.  You did not appeal this NJP.  Based on the foregoing misconduct, on 16 July 2002, you were terminated from the Continuum Care Program at the Counseling and Assistance Center (CAAC) due to your non-compliance.  On 2 August 2002, you were notified of administrative separation proceedings against you by reason of “Misconduct due to Commission of Serious Offenses and Alcohol Rehabilitation Failure.” You subsequently waived your right to counsel and your right to appear before an administrative separation board.  On 16 August 2002,  recommended that you and alcohol rehabilitation failure with an other than honorable (OTH) characterization of service.  You were discharged from the Navy on 6 September 2002, on that basis, and received an OTH characterization of service and a reentry (re) code of RE-4. 

You request an upgrade to your characterization of service from OTH to honorable.  You note that you served two years on active duty and contend that when you were discharged you were not told what would happen if you chose to stay.  You further state that you believe you served your country to the best of your ability. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors in your case, including your two years of service and your claim that you were not informed of your options regarding your administrative separation from the Navy.  The related misconduct from .  The Board also noted that you received one NJP and were terminated from the Continue Care Program due to noncompliance.  The Board reviewed your 2 August 2002 notification documents and found you were properly notified of the administrative proceedings against you and were given information regarding your right to consult with counsel and appear before an administrative separation board.  The Board concluded that your OTH characterization of service was properly supported by the information reflected in your record, to include an NJP and three charges of alcohol-related misconduct.  The Board also determined that you received appropriate notification of the administrative separation process, as well notification of your rights associated with the process.  Accordingly, the Board found probable material error or injustice in your discharge and that corrective action is not warranted. 

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.  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,