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

Docket No: 9543-17             
Ref: Signature date 

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 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 14 February 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Navy and then began a period of active duty on 6 October 1997.  You served without disciplinary incident for nearly four months.  On 26 February 1998, you were convicted by civilian authorities for driving while intoxicated.  On 24 November 1998, you received nonjudicial punishment (NJP) for leaving your appointed place of duty and for failure to obey a lawful general order or regulation.  On 30 November 1999, Commanding Officer,                                notified you of administrative separation proceedings against you.  A 4 December 1998 letter from Director, Counseling and Assistance Center noted that you were screened for alcohol abuse or dependence and met the criteria for alcohol abuse.  You were recommended for Level I Outpatient Treatment; your eligibility for treatment was noted and it was indicated you could elect or decline treatment prior to your separation.  Commanding Officer              recommended that you be separated due to Misconduct – Commission of a Serious Offense and a Civilian Conviction.  Your Commanding Officer stated you were incapable of adhering to the rules and regulations of the command and the US Navy.  The Commanding Officer recommended that you received a general characterization of service. On 22 December 1998, you were discharged from the Navy on the basis of Misconduct Due to a Serious Offense and received a general characterization of service and a reentry (RE) code of RE-4. 

In your application to the Board you request an upgrade from general to honorable, and contend that you believe your discharge was under honorable conditions and therefore should reflect an honorable characterization. 

The Board carefully reviewed your application and took into consideration your contention that you served honorably and should receive an honorable characterization of service.  The Board noted that you hold a general (under honorable conditions) characterization of service, which is not adverse.  Furthermore, the Board considered that your record reflects a civilian conviction and an NJP.  Even in consideration of the determination by Counseling and Assistance Center that you met the criteria for treatment, the Board found that your two instances of misconduct as documented by the civilian conviction and the NJP supported the issuance of a general vice honorable discharge.  The Board determined that your record does not reflect an error or an injustice and therefore corrective action is not warranted. 

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, 

5/14/2019