Docket No: 1279-20 
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 you did not file your application 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 4 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 Navy and began a period of active duty on 10 August 1988.  On 16 September 1989, you received nonjudicial punishment (NJP) for unauthorized absence and missing ship’s movement.  You were awarded forfeiture of pay, restriction, and extra duties.  On 9 September 1990, you received a second NJP for drunk and disorderly conduct, and resisting arrest.  You were awarded forfeiture of pay, restriction, and reduction in rank (RIR); the RIR was suspended for three months.  On 26 September 1990, you were counseled regarding alcohol abuse and advised that failure to take corrective action could result in disciplinary action and/or administrative separation processing.  On 13 July 1991, you were assigned to an alcohol rehabilitation program and advised that failure to complete the program would constitute grounds for separation.  On 10 December 1991, you received a third NJP for drunk and disorderly conduct, resisting apprehension, and provoking speech.  You were awarded restriction and RIR.  On 3 March 1992, you received a fourth NJP for failure to obey orders and awarded restriction and extra duties.  On 9 March 1992, administrative discharge action was initiated due to a pattern of misconduct and alcohol rehabilitation failure.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive an under other than honorable (OTH) characterization of service and the separation authority approved your separation from the Navy.  On 27 May 1992, you were discharged with an OTH characterization of service, separation code “HKA,” and narrative reason for separation “Misconduct – Pattern of Misconduct.” 
 
You request a change to your narrative reason for separation and an upgrade your discharge; however, you did not specify the characterization of service you are seeking.  You assert that you were discharged because you were diagnosed as alcohol dependent and a periodic alcohol abuser.  You claim the Navy thought their rehabilitation program was a cure, but it was not.  In support of your petition, you attached a personal statement, excerpts of your medical records, and a newspaper article about the Army’s revised drug and alcohol program.  You wrote that your drinking resulted in all four NJPs.  You drank until you lost control and while taking Antabuse.  All attempts to control your drinking failed.  You experienced blackouts.  Your emergency room records show blood alcohol content (BAC) readings between .241 and .308.  You did research and found that according to the National Safety Council and the  Department of Drugs and Alcohol, motor and emotional control centers are measurably affected at BAC .200, and at .400, a drinker becomes unconscious.  Alcoholism is a disease that is probably genetic and environmental and there is no cure.  You were diagnosed with alcohol dependence and put in a rehabilitation program instead of being transferred to a location with less access to alcohol.  You wrote that when the Navy’s program doesn’t work, the next step is to discharge whoever they say failed it.  You state you strongly believe your narrative reason for separation is pattern of misconduct because “they could not place a charge like Alcohol Rehabilitation Failure on my DD 214.” 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions, and ultimately concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in four NJPs, and you were warned about the potential for administrative separation.  Additionally, the Board found no error with respect to your narrative reason for separation. 
 
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,