DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7812-17 APR 11 2019 Dear 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 the entire record, the Board found the evidence submitted was 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 oflimitations and consider your application on its merits. A three­member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 December 2018. The names and votes of the 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 of this Board. Documentary material considered by the Board considered of your application, together, with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations and policies. You enlisted in the Marine Corps and began a period of active duty on 5 August 1986. On 8 February 1989, you received non-judicial punishment (NJP) for an unauthorized absence totaling two days. On 10 May 1989, you were evaluated for substance abuse/chemical dependency at which time you were diagnosed as psychologically dependent on alcohol. On 19 June 1989, you again received NJP for failure to obey a lawful written order and an unauthorized absence. On 28 August 1989, you were convicted by special comi-martial (SPCM) of communicating a threat, absent from your appointed place of duty, and wrongful use of cocaine. You were adjudged confineme.nt, forfeiture of pay, reduction in rank, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, you were discharged on 6 February 1992. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge. The Board considered your contentions that you were singled out and you were not given a proper chance at a program to help you with your drug and alcohol addiction, you were unfairly treated after one mistake for an alcohol related incident, you lacked the opportunity to seek treatment, that treatment was delayed for two years, and that you never signed your DD­214. The Board found that these factors were not sufficient to warrant relief given your misconduct that resulted in two NJP's, an SPCM, and a subsequent BCD. The Board found that even in consideration of the punishment imposed, the BCD was issued without error or injustice and clemency is not warranted. In regard to your contention that you were singled out, there is no evidence in your record, and you did not provide such evidence to support this contention. The Board saw that initial alcohol treatment was delayed due to your misconduct. Further, the Board noted that you signed administrative remarks requesting VA medical treatment for alcohol dependence in conjunction with your discharge. Finally, in relation to your signature on your DD-214, your record has your signature in block 21. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a prysumption 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, Executive Director