Docket No: 1505-18 
Date: Ref Signature 
        
 
Dear  
 
This letter 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 for Correction of Naval Records (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, sitting in executive session, considered your application on 17 April 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 and began a period of active service on 24 March 1986.  You completed level II alcohol rehabilitation treatment in 1988.  On 7 July 1988, you received non-judicial punishment (NJP) for operating a US Government vehicle while drunk.  On 2 September 1988, you received your second NJP for disobeying a petty officer, and drunk and disorderly conduct.  Following two incidents of driving under the influence (DUI) in November 1989 and February 1990, you completed level III alcohol rehabilitation from 4 September 1990 to 12 October 1990.  On 26 November 1990, you received NJP for wrongful possession of a controlled substance.  On 29 November 1990, you were notified of the initiation of administrative separation processing, at which point you waived your procedural rights.  On 10 December 1990, the discharge authority approved and directed an other than honorable (OTH) discharge by reason of misconduct drug abuse (use).  On 14 December 1990, you declined inpatient drug/alcohol rehabilitation treatment.  On 2 January 1991, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge, your contentions you served honorably for nearly four years, you believe your OTH is unjust, and you were discharged from the service without being provided assistance for your problem.  The Board noted you completed level II and level III rehabilitation treatment.  Additionally, prior to your discharge you declined inpatient drug/alcohol rehabilitation treatment.  The Board determined you were sufficiently provided assistance for your substance abuse problem, and concluded the severity of your repeated misconduct outweighed your mitigating factors.  The Board in its review discerned no material error or injustice in your discharge. 
 
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, 
 
                                                                              
7/10/2019
Executive Director