DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0602-18 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although you did not file your application 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 13 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 22 August 1990. On 12 August 1993, you received non judicial punishment (NJP) for dereliction in the performance of duties, and being drunk on duty. On 7 September 1993, you were counseled that continued deficiencies in conduct and performance may result in administrative separation under other than honorable (OTH) conditions. On 15 October 1993, you received a second NJP for unauthorized absence (UA) and incapacitation in the performance of duties through wrongful prior indulgence in intoxicating liquor. On 11 December 1993, you received a NJP for incapacitation in the performance of duties through wrongful prior indulgence in intoxicating liquor. On 28 January 1994, administrative discharge action was initiated by reason of pattern of misconduct. After being afforded all of your procedural rights, you waived your right to a board, and your case was forwarded to the separation authority for review. Your commanding officer recommended that you receive an OTH discharge. On 17 February 1994, you received a fourth NJP for UA. On 5 April 1994, you were separated from the Navy with an OTH discharge due to Pattern of Misconduct. You requested the Board upgrade your discharge. You apologize for the embarrassment, disgrace, and dishonor that you caused your family and country and claimed your misconduct was the because of your youth and being in denial about being an alcoholic. Additionally, you stated that you have not used alcohol for over six years, and you submitted documentation of completion of an alcohol rehabilitation program; a clean police background check, and character reference letters from your pastor and co-workers. The Board carefully weighed all potentially mitigating factors, including your record of service, submitted documents, and contentions but concluded these factors were not sufficient to warrant a change to your characterization of service given your misconduct which resulted in three NJPs, two of which occurred after you had been warned regarding the potential for administrative separation under OTH conditions. 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, 6/10/2019