Docket No:  10485-18 
Ref: Signature date 

Dear  
 
This letter is in reference to your application of 31 July 2018 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 for Correction of Naval Records (Board) found that 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, sitting in executive session, considered your application on 16 September 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 18 July 2002.  On 22 May 2003, you received non-judicial punishment (NJP) for underage drinking on two occasions, and wrongfully soliciting another military member to disobey a lawful order by storing wine in his barracks locker.  You also received a retention warning that additional misconduct could result in an administrative separation.  You entered Substance Abuse Rehabilitation Program for treatment for alcohol abuse.  Your treatment was terminated on 16 June 2003 for treatment noncompliance.  On 9 July 2003, you were discharged with a general under honorable conditions characterization of service for alcohol rehabilitation failure. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions that you drank secretly in order to sleep and deal with nightmares.  You also contend that you had insomnia stemming from childhood abuse, and that you felt guilty because you left your brother and sister in an abusive environment when you joined the Navy.  The Board also considered your assertions that you were ashamed to ask for counseling, but you did ask your Senior Chief if you could see anyone.  You assert that she scolded you for malingering and warned of the more serious charges of lying about sleep 
abnormalities during enlistment.  The Board also considered that you currently take responsibility for continued drinking that led to your discharge and for not asking for help from another superior.  The Board concluded these factors were not sufficient to warrant a change to your discharge given your failure in alcohol rehabilitation. 
 
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 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.