Docket No: 6018-20 
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 9 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 on 1 July 1986.  On 2 July 1986, you were briefed on the Navy’s drug and alcohol abuse policy.  On 13 October 1989, you received non-judicial punishment (NJP) for drunkenness, destruction of government property, and drunken/reckless driving.  On  
27 November 1989, you were counseled for a second time on the Navy’s drug abuse policy.  On 29 November 1989, you were counseled regarding an incident in which you were driving under the influence of alcohol and incapacitated for the performance of your duties.  On 8 December 1989, you were assigned to CVN-69.  On 5 May 1990, you received NJP for wrongful possession of methamphetamine.  On 14 May 1990, you were notified of the initiation of administrative separation proceedings by reason of misconduct-commission of a serious offense, and misconduct-drug abuse, at which point, you waived your right to consult with counsel and review of your case by an administrative discharge board (ADB).  On 18 May 1990, the discharge authority approved and directed your discharge.  On 7 June 1990, you were discharged with an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense. 
 
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 desire to upgrade your discharge and contention that you were a model Sailor until your assignment to CVN-69.  You contend jealousy and bigotry from your division supervisor and chiefs led to your discharge.  You state you have been a productive member of society since your discharge.  Further, you express a desire for educational benefits from the Department of Veterans Affairs (DVA).  You state that you now receive medical and disability compensation benefits from the DVA.  Please note decisions reached by the DVA to determine if former service members rate certain DVA benefits do not affect previous discharge decisions made by the Navy.  The criteria used by the DVA in determining whether a former service member is eligible for benefits are different than that used by the Navy when determining a member’s discharge characterization.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  The Board noted you were sufficiently counseled on the Navy’s drug and alcohol abuse policy.  Additionally, the Board noted your alcohol related misconduct prior to your assignment to CVN-69.  The Board determined that your misconduct, which violated the Navy’s drug and alcohol abuse policy, as evidenced by your two NJPs, 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,