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

Docket No:  8376-17
MAY 3 2019						
                   
Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of 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 of limitations and consider your application on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 January 2019.  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 consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 17 August 1985.  On 31 January and 6 March 1986, you were convicted by civil authorities of driving under the influence (DUI) of alcohol.  On 10 October 1986, you were apprehended by civil authorities for causing bodily injury while DUI and vehicular manslaughter.  At your arraignment, you pleaded guilty, and your sentencing was scheduled for January 1987.  Subsequently, administrative discharge action was initiated to separate you from the Navy by reason of misconduct due to commission of a serious offense as evidenced by your civil convictions for DUI.  After you were afforded all of your procedural rights, your case was forwarded to the separation authority with the recommendation that you be discharged with an other than honorable (OTH) characterization of service.  On 27 January 1987, the separation authority directed that you be discharged with an OTH characterization of service.  You were discharged by reason of misconduct due to commission of a serious offense with an OTH characterization of service on 6 February 1987.
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and your desire to upgrade your discharge.  The Board, however, concluded that these factors were not sufficient to warrant a change to your discharge given your repeated and serious misconduct, which resulted in three DUI convictions by civilian authorities.  
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon submission of new matters.  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,

Executive Director