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

Docket No: 8788-18 
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 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, sitting in executive session, considered your application on
15 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 Navy on 3 October 1972. On 7 August 1973, you were convicted by special court-martial (SPCM) of three specifications of assault and two specifications of disrespectful in language. On 12 October 1973, you received non-judicial punishment (NJP) for unauthorized absence (UA). On 3 April 1974, you were convicted by SPCM of two specifications of UA totaling seven days, three specifications of derelict in the performance of duty, absence from appointed place of duty, assault, resisting arrest, and wrongfully communicating a threat. You were sentenced to confinement for 45 days, forfeiture of pay, and a bad conduct discharge (BCD). On 2 July 1974, you received NJP for UA totaling 14 days.  After the BCD was approved at all levels of review, on 6 August 1975, you were discharged.

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge as well as contentions that you were never given help to overcome your drinking problem, you were intoxicated each time you were in trouble, and you have been sober for several years.  However, the Board concluded that the severity of your misconduct outweighed your mitigating factors. In regard to your contention that you were never given help to overcome your drinking problem, the Board noted that there is no evidence in your record, and you submitted none beyond your statement, to support your contention that you suffered from a drinking problem while in the Navy. In regard to your contention that you have been sober for many years, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your discharge.

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,