Docket No: 5556-20
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 2 December 2020.  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 enlisted in the Navy and began a period of active duty on 2 March 1995.  On 2 April 1996, you were admitted to Level III Intensive Inpatient Residential Treatment (i.e., an alcohol rehabilitation program).  On 8 May 1996, you completed the inpatient program, but you were required to follow an aftercare program.  On 18 July 1996, your command Drug and Alcohol Program Advisor (DAPA) notified your chain of command that you were absent from your scheduled aftercare group meeting on 16 July 1996, and that you would be dropped from the program after two unexcused absences.  On 23 July 1996, the DAPA notified your command that you failed to comply with your aftercare treatment program by failing to attend two formalized aftercare meetings and failure to attended Alcohol Anonymous (AA) meetings for three weeks.  In accordance with naval regulation, the DAPA recommended that you be considered for administrative separation due to rehabilitation failure.   
Subsequently, on 15 October 1996, you were notified that you were being recommended for administrative separation from the naval service by reason of alcohol abuse rehabilitation failure, at which time you waived your procedural right to consult with legal counsel.  On 8 November 1996, you were separated from the Navy with a general (under honorable conditions) characterization of service. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that you believe that you were diagnosed incorrectly; and you had one incident that resulted in mandatory rehabilitation that you completed.  After your rehabilitation, you were required to attend daily AA meetings, and failure to do so forced your separation from the Navy.  You assert that your dreams of making the Navy your lifetime career were cut short after this incident.  You also state that it was explained to you that you would never be promoted or allowed to reenlist. 
 
The Board noted you did not provide any advocacy letters in support of your request for an upgrade of your characterization of service.  Unfortunately, after careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.  Even under the liberal consideration standard, the Board found your failure to comply with your prescribed aftercare treatment program warranted your administrative separation and characterization of service issued.   
 
The Board also carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  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,