DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1318-20 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 insufficie 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 31 March 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, as well as applicable statutes, regulations, and policies. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to its understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active duty on 11 August 1992. In August of 1995, Commanding Officer, noted that you had been formally evaluated as alcohol dependent and found to possess potential for further Naval Service. You were referred to Level III Alcohol Rehabilitation Treatment. On 30 August 1995, after refusing to complete Level III Treatment, you were considered a Level III Treatment failure. On 18 September 1995, you were found guilty by of failing to obey a sign or signal and of operating a vehicle while intoxicated. On 24 October 1995, you were notified of administrative separation proceedings against you due to refusal to complete Level III treatment and misconduct due to civilian YTC Docket No: 1318-20 conviction. On 7 December 1995, your Commanding Officer recommended that you be administratively separated with a general characterization of service. On 19 January 1996, you were discharged from the Navy on the basis of misconduct and received a general discharge and a reentry (RE) code of RE-4. You reenlisted and served in the Navy Reserve from 2002 to 2004. From 7 December 2002 to 28 August 2003, you were mobilized for a period of active duty and received an honorable discharge. On 27 October 2004, Commanding Officer, Naval Operational Support Center , recommended that you be separated for unsatisfactory participation in the Ready Reserve with an honorable characterization of service and a reentry (RE) code of RE­4. In your petition to the Board, you ask for an upgrade to your general characterization of service for your active duty enlistment from 11 August 1992 to 19 January 1996. You note that following your active duty service, you reenlisted in the Navy as a reservist and mobilized in support of Operation Iraqi Freedom from 2002 to 2003. You also state that you then served in the Arizona Army National Guard and earned an honorable characterization of service. You acknowledge making some mistakes but state that you have corrected yourself and always served when given the opportunity. The Board, in its review of your entire application, carefully weighed all potentially mitigating factors, including your service in both the Navy Reserve and the Army National Guard following your discharge from active duty in 1996. The Board also considered your performance while you were on active duty before your evaluation for alcohol dependence. Even in consideration of your positive contributions, the Board found that your general characterization of service was properly issued due to your refusal to complete Level III treatment. The Board determined that the general characterization is appropriate given both your non-completion of the treatment and your civilian conviction for an alcohol-related incident. The Board found that an upgrade to honorable is not warranted. The Board discerned no probable material error or injustice in your discharge that warrants upgrading the characterization of your service. 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,