Docket No: 4863-20 
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 relevant portions of your naval record and your application, 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 for Correction of Naval Records, sitting in executive session, considered your application on 28 July 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 7 January 1986.  Although the specific charges are not recorded, your record indicates that on 10 March 1987, you received nonjudicial punishment (NJP).  On 20 June 1987, you received NJP for unauthorized absence (UA).  On 30 September 1987, you were found guilty at summary court martial for two periods of UA from 14 to 20 August 1987, and from 24 August to 13 September 1987, failure to obey a lawful general order by wrongfully possessing and consuming alcohol under the age of 22, and wrongfully urinating on the afterbrow.  The summary court martial sentenced you to confinement for 30 days, forfeiture of $438 pay per month for 1 month, and reduction in pay grade to E-1.  On 2 February 1988, Commanding Officer, USS  notified you of administrative separation proceedings against you on the basis of a pattern of misconduct and misconduct due to the commission of a serious offense.  On 17 May 1988, you were discharged from the Navy on the basis of a pattern of misconduct, and received an other than honorable discharge and a reentry (RE) code of RE-4. 
 
In your request to the Board, submitted via counsel, you seek an upgrade to your discharge characterization from other than honorable to honorable.  You ask that multiple mitigating factors surrounding your discharge and your overall quality of service be taken into consideration.  You state that you are stigmatized by your discharge and unable to keep going in the path that you are pursuing.  You additionally noted that during your active duty service, you were struggling with ongoing emotional stress related to your mother who had been the victim of a crime at home in , and that you had continuing issues with your Commanding Officer.  You also assert that you developed a drinking problem at a young age in order to cope.  You ask that the number of years since the incidents be taken into consideration, as well as evidence of your rehabilitation and post-service accomplishments.  You have provided several character references that cite your work ethic and character.  Since your discharge you have been clean and sober for over 26 years.  You completed college with a Bachelor’s Degree in Science in Computing Technology, and have worked in staff roles for various companies.  In 2007, you changed your career direction and dedicated your life to helping others; you have worked with patients suffering from drug and alcohol abuse and are a steadfast source of support for your 84-year old mother.  
 
The Board reviewed your request and carefully considered the mitigating factors you have raised in your application, to include your youth, the length of time since the misconduct, the emotional stress of your personal situation during your military service, your post-discharge achievements, your sobriety and rehabilitation efforts, and your ongoing contribution to the wellbeing of others.  The Board noted that you assert that your discharge is unjust due to the presence of mitigating factors as established by the Wilkie Memorandum.  The Board found that even in consideration of the mitigating factors raised in your application, that the frequency and nature of your misconduct as evidenced by the two NJPs and a summary court martial conviction within a 22-month period supported the issuance of the other than honorable characterization of service.  The Board accounted for the fact that you claim that you were immature and would have benefitted from “a chance at rehabilitation instead of punishment.”  The Board found that your record reflected several administrative actions to include two NJPs prior to the culmination of a summary court martial conviction, and that despite the lower level administrative action of NJPs, your misconduct escalated as your service progressed.  The Board concluded that your other than honorable discharge was issued without error or injustice, and that corrective action is not warranted. 
 
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,