Docket No: 2225-18 

 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 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 
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 and personal statement, relevant portions 
of your naval record, as well as applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issues 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

You enlisted in the Navy on you received nonjudicial 
punishment (NJP) for failing to obey a lawful written order prohibiting underage drinking. On 
you received NJP for unauthorized absence (UA), and disobeying a lawful 
order. On you successfully completed Level II alcohol rehabilitation treatment. On 
you received NJP for simple assault, disorderly conduct, and failure to obey a 
lawful order or regulation. On you received NJP for drunkenness and being 
unfit for duty due to intoxication. 

On you were notified that you were being processed for an administrative 
discharge by reason of a pattern of misconduct, and for alcohol rehabilitation failure. You 
elected to consult with counsel, but waived all your other procedural rights. Your commanding 
officer recommended that you receive a general discharge under honorable conditions on the 
basis of your pattern of misconduct and alcohol rehabilitation failure. On you 
were discharged from the Navy with a general characterization of service. 

The Board carefully considered your contentions that your discharge should be based on an 
alcohol rehabilitation treatment failure as opposed to pattern of misconduct. Although you were 
separated for two reasons, alcohol rehabilitation being one of them, the Navy Military Personnel 
Manual (MILPERSMAN) states that separation for misconduct should normally take precedence 
over all other reasons for separation unless the misconduct is minor in nature or far removed in 
time, which is not the case with your circumstance. Accordingly, the Board determined that 
“pattern of misconduct” was the appropriate narrative reason for your separation. Accordingly, 
the Board determined that there was no material error or injustice in the basis for your discharge. 

You also set forth that you seek to join the reserves, you have learned from your previous 
mistakes, grown, and matured, and that you are a teacher and have attempted to continue a life of 
service to others. The Board reviewed these assertions under the recent guidance provided in the 
Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military 
Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding 
Equity, Injustice, or Clemency Determinations” (USD memo). The USD memo states that 
“BCM/NRs have the authority to upgrade discharges or correct military records to ensure 
fundamental fairness.” The USD memo sets clear standards and principles to guide the Board in 
the application of their equitable relief authority, and further explains that boards shall consider a 
number of factors to determine whether to grant relief, such as positive post-service conduct. 
However, even in light of the USD memo, the Board still concluded that, given the totality of the 
circumstances and your pattern of discreditable involvement with military authorities, your 
request does not merit relief. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken 
at this time. 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.