DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3469-21 Ref: Signature Date Dear Petitioner: 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 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 02 August 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, 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 U.S. Navy Reserve (USNR) and began a period of active duty on 18 July 1991. On 17 June 1992, because of an alcohol related incident (ARI) resulting in you being injured, your command referred you for a drug and alcohol evaluation where you were identified as an alcohol abuser. As a result, you completed Level II treatment on 24 August 1992. On 02 September 1992, you were issued a counseling warning acknowledging this ARI and retaining you in the USNR. On 30 October 1992, you were arrested by civil authorities for Driving While Intoxicated (DWI) with a blood alcohol concentration of .152. A few days later, on 3 November 1992, you were again arrested by New Orleans Police for public drunkenness, child neglect, and cruelty to a juvenile. On 17 March 1993, you were found guilty at a Special Court-Martial of wrongfully consuming alcohol, DWI, causing damage to a barracks room, causing a breach of peace, and drunk and disorderly conduct. You were sentenced to be confined for 75 days, to forfeit $540.00 pay per month for three months, to be reduced in rank (RIR) to E-1, and to a Bad Conduct Discharge (BCD); your RIR and BCD were suspended for six (6) months. On 29 June 1993, the Convening Authority approved a RIR to E-2, confinement for 75 days, forfeitures of $500.00 pay per month for three months and disapproved the BCD. On 15 April 1993, you were arrested by New Orleans Police for urinating in public. On 7 May 1993, your driving privileges were revoked for 12 months at the Armed Forces Traffic Court because you caused an accident while driving a forklift without a license. On 22 April 1993, you were convicted of child neglect as a result of your 4 November 1992 arrest. On 11 October 1993, you were turned over to military authorities for an automobile accident involving your car. On 21 October 1993, you received non-judicial punishment (NJP) for failing to obey a lawful written order. On 24 October 1993, an incident report documented you breaking restriction and possessing alcohol while on said restriction. As a result of your repeated misconduct, on 26 October 1993, you were notified of pending administrative separation with an other than honorable (OTH) characterization of service by reason of civil conviction, commission of a serious offense, and alcohol abuse rehabilitation failure. You elected your right to consult with counsel and waived your right to have your case heard at an administrative discharge board. In November 1993, the discharge authority directed your separation under OTH conditions by reason of misconduct. You were so discharged on 1 December 1993. The Board carefully reviewed your application and 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 characterization of service, and your contentions that you wanted to be a part of something bigger, you were introduced to the wrong crowd, and that you only got into trouble during your off time. The Board further noted that, aside from your letter, you did not submit advocacy letters or post-service documents to be considered for clemency purposes. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated misconduct 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 the 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, 8/18/2021 Executive Director