Docket No:  1500-20    
        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 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 May 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 their 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 9 August 1988.  On 29 March 1988, you signed the US Navy policy on drug and alcohol abuse.  On 25 January 1990, you received nonjudicial punishment (NJP) for drunk and disorderly conduct; failure to obey a lawful order; false official statements; wrongfully making, altering, or tampering with a military identification card; and wrongful use of a controlled substance.  On 15 March 1991, you were convicted in a  court of harassment, disorderly conduct, and assault.  Subsequently, administrative discharge action was initiated by reason of misconduct – commission of a serious offense, drug abuse, and civil conviction.  On 20 March 1991, you consulted counsel and requested an administrative board.  On 9 May 1991, an administrative board found a basis for your separation and recommended you be separated with an other than honorable (OTH) characterization of service.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  On 12 July 1991, your commanding officer recommended you be separated with an OTH discharge.  On 19 July 1991, the separation authority directed that you be separated with an OTH discharge.  You were discharged on 26 July 1991 with an OTH discharge. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and assertions that your civil conviction was for harassment, was a minor misdemeanor offense,  fueled by your youth, alcohol and immaturity.  In addition, the Board considered your assertions that, at the administrative board, the government recommended a general discharge and you sought help for alcohol treatment, but were not allowed to leave the ship.  Finally, the Board considered you assertions that you became a good father, husband and provider and became a certified electrical contractor.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP and conviction by a civilian court. 
 
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, 
                                                                          
6/23/2020