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

Docket No: 2120-18                          
Ref: Signature date 

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 28 March 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 28 June 1995.  It appears you served without disciplinary incident until 5 February 1997 when you were counseled for substandard performance after an alcohol related incident in                .  Your command sent you to the medical clinic for an alcohol evaluation and the evaluator said that you did not meet the criteria of alcohol abuse or dependency and monthly monitoring sessions were recommended.  On 23 September 1997, you received nonjudicial punishment (NJP) for violating an order regarding the volume of your stereo, provoking words and gestures, communicating a threat, and disorderly conduct.  On 10 October 1997, you received a counseling for a second alcohol related incident, this time in                  ,                  , and required to complete intensive outpatient treatment.  In December 1997, you completed intensive outpatient treatment.  The resulting continuing care treatment plan included a statement that you should be enrolled in a formal command-sponsored continuing care program for at least 24 weeks, and it was recommended that the command monitor your progress for one year with regular meetings with relevant members of the command.  On 3 March 1998, you received a second NJP for driving while intoxicated, consuming alcohol during a 24-hour period of duty, reckless driving, and being drunk on duty.  Subsequently, you were notified of pending administrative separation action by reason of misconduct.  After you waived your procedural rights, the commanding officer recommended you receive an other than honorable (OTH) discharge.  The discharge authority approved the administrative discharge recommendation and directed separation with an OTH characterization of service by reason of misconduct due to a pattern of misconduct.  On 24 April 1998, you were discharged. 

The Board carefully weighed all potentially mitigating factors and your contention that an honorable discharge would help you find employment after a recent career-ending injury.  The Board also considered your contention that you completed the intensive outpatient treatment but your command failed you by not being diligent about ensuring you fully participated in an aftercare program and never offered a formal command-sponsored program.  Although the command was told to ensure you received continuing care, this does not excuse your misconduct.  Because your discharge was based on a pattern of misconduct, and not solely alcohol treatment failure, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 

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, 


6/24/2019