DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

SJN 
Docket No: 8870-16 

JAN 12 2018

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, ofthe United States Code, Section 1552. 

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 threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 310ctober 2017. The names and votes ofthe 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 ofthis 
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. 

On 1 December 1983, you reenlisted in the Navy after serving over four years of honorable 
service. On 13 December 1985, you received nonjudicial punishment (NJP) for two 
specification ofbeing absent from your appointed place of duty and being incapacitated for the 
proper performance ofduty. On 16 December 1985, you were convicted by civil authorities of 
driving under the influence ofalcohol. You were sentenced 10 days in jail, a $675 fine; your 
license was suspended for one year, probation for 18 months and advised to attend alcohol 
rehabilitation. Subsequently, administrative discharge action was initiated, and after being 
provided all ofyour procedural rights, it was directed that you receive an other than honorable 
(OTH) discharge. You received an OTH discharge on 14 January 1986. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. The 
Board carefully weighed all potentially mitigating factors such as your record of service, desire 
to upgrade your characterization of service. The Board further considered you statement that 
you left your ship with a 50 year old Sailor for lunch, had a few beers and was late returning, and 
and you were demoted, depressed and stayed that way for years. The Board concluded these 
factors were not sufficient to warrant recharacterization ofyour discharge given your misconduct 
that resulted in your NJP and civil conviction for driving under the influence of alcohol. 
Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission of new and material 
evidence or other matter not previously 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director