Docket No: 4423-20 
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 was denied.     
 
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 issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
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 2 November 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 4 April 1989.  On 6 April 1989, you signed the US Navy drug and alcohol abuse policy.  On 24 August 1989, nonjudicial punishment (NJP) was imposed on you for Unauthorized Absence and you were issued a retention warning.  On 11 December 1989, you completed Level III Alcohol Abuse Rehabilitation.  On 25 October 1990, NJP was imposed on you for Going from Your Place of Duty, Unauthorized Absence, Failure to Go to Your Place of Duty, Disobeying a Lawful Order from a Chief Petty Officer, False Official Statement, and being Incapacitated for Duty.  On 4 January 1991, NJP was imposed on you for Going from Your Place of Duty, and Drunk on Duty.  On 5 February 1991, NJP was imposed on you for Going from Your Place of Duty, Failure to Go to Your Place of Duty, Disobeying a Lawful Order from a Commissioned Officer, Possessing Alcohol Onboard Ship, and being Drunk on Duty.   
 
On 12 April 1991, you were notified of administrative separation action by reason of Alcohol Rehabilitation Failure, Misconduct Due to Pattern of Misconduct, and Misconduct Due to Commission of a Serious Offense.  On 12 April 1991, you waived your right to counsel and to an administrative board.  On 12 April 1991, your Commanding Officer forwarded your package to the Separation Authority (SA) recommending that you be administratively separated with an Other than Honorable (OTH) characterization of service.  On 2 May 1991, the SA directed your administrative separation with an OTH characterization of service.  On 6 July 1991, you were separated from the Navy.   
 
You requested an upgrade of your discharge to Honorable.  You asserted that the Navy said that your alcohol consumption was based on willingness, but you know it was not, as you were classified as alcohol dependent.  You asserted you are receiving treatment at a Veterans Affairs Medical Center for Post-Traumatic Stress Disorder.  You also asserted it took some years to get your life back.  Finally, you asserted you did your job well, got an Associate’s degree in culinary arts, and are a good husband, father and grandfather.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge status, given your misconduct which resulted in four NJPs.   
  
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,