DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 5017-20 Ref: Signature Date Dear : This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. 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 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 21 April 2021. The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). You reenlisted and entered a period of active duty in the Navy on 4 June 1984. On 13 February 1985 you received Nonjudicial punishment (NJP) for Article 86, failure to go and 2 specifications of Article 91, disobeying a lawful order from superior petty officers and disrespect. On 20 June 1986 you received a second NJP for Article 86, unauthorized absence (UA) for 1 hour. You successfully completed treatment at the Naval Alcohol Rehabilitation as noted on your evaluation dated 8 October 1987 for the period of 1 April 2001 to 31 March 1987. Your Commanding Officer stated, “Successfully completed treatment at NARC with favorable recommendation for retention in the Naval service.” On 6 November 1987 you received a third NJP for 2 specifications of Article 86, failure to go and Article 128, assault. You appealed this NJP and your appeal was denied. On 24 November 1987 you were notified of administrative separation processing by reason of Misconduct due to a Pattern of Misconduct. You exercised your right to counsel and an administrative separation board. The hearing was convened on 31 December 1987 and the members substantiated misconduct due to a pattern of misconduct and commission of a serious offense. The members voted 2-1 and recommended an Other Than Honorable (OTH) characterization of service with a dissent voting for a General (Under Honorable Conditions) characterization of service. You entered into a period of UA from 19 January 1988 until you surrendered on 3 February 1988 and received your fourth NJP. As part of your outprocessing you were screened and diagnosed as alcohol dependent on 26 February 1988. On 18 April 1988 you declined participation in drug and alcohol rehabilitation and were discharged on 20 April 1988. You contend you served 2 enlistments honorably and developed an alcohol problem, but it was not diagnosed until after the administrative board proceedings. You state this constitutes material error because your misconduct was alcohol-related, and the Navy knew of your alcohol problem but did not address it prior to your administrative separation hearing. You further contend you should have been diagnosed as early as 1985. Additionally, you contend the OTH has stigmatized and harmed you. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included but were not limited to your contentions noted above, and desire to upgrade your discharge. Based upon this review, the Board concluded that these potentially mitigating factors were insufficient to warrant relief. The Board noted that you did receive alcohol rehabilitation treatment and that you declined an opportunity for additional treatment prior to your separation. Specifically, the Board determined that your misconduct, as evidenced by your multiple NJPs and administrative separation board, outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 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, 5/13/2021 2