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

Docket No: 547-18     
Ref: Signature date 

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 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 20 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 27 July 1989.  You served for a year and eight months until, on 27 March 1991, you were diagnosed as alcohol dependent, and it was recommended that you should attend the Level-III alcohol rehabilitation treatment program.  On 9 April 1991, you were counseled for failure to obey a lawful order, dereliction in the performance of duties, and unauthorized absence (UA).  You were advised that if the misconduct continued it could result in disciplinary action and administrative separation.  You received nonjudicial punishment (NJP) on two occasions during the period from 6 May 1991 to 9 October 1991.  Your offenses included using indecent language, drunk and reckless driving, and failure to go to your appointed place of duty.  You were also determined to be an alcohol abuse rehabilitation failure, as evidenced by your 9 October 1991 NJP, and “three other alcohol related incidents” of 6 October, 13 October and 19 October 1991.  On 24 October 1991, you were notified of pending administrative separation by reason of misconduct due to commission of a serious offense, at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ADB).  Your commanding officer recommended that you be discharged from the naval service by reason of misconduct, due to commission of a serious offense, with an under other than honorable (OTH) conditions characterization of service.  On 8 November 1991, the discharge authority approved this recommendation, and directed separation under OTH conditions by reason of misconduct, and on 4 December 1991, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, including your desire for medical care.  The Board found that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in two NJPs and alcohol rehabilitation failure. The Board noted that you waived your right to an ADB, which was your best opportunity for retention or a better characterization of service.  Regarding your concern about eligibility for healthcare, whether or not you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (DVA), and you should contact the nearest office of DVA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA.  The Board in its review discerned no probable material error or injustice in the discharge. 

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.  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 
Executive Director