DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
    
Docket No: 9445-18 
Ref: Signature date 

Dear  
 
This letter is in reference to your application of 20 September 2018 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 16 September 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 12 March 1984.  On 21 November 1984, you were counseled for failure to be at the appointed place of duty and advised that failure to take corrective action may result in administrative separation and judicial proceedings.  On 13 December 1984, you received nonjudicial punishment (NJP) for four instances of unauthorized absence (UA).  On 8 January 1986, you were counseled regarding excessive alcohol consumption.  On 9 January 1986, you received a second NJP for missing movement.  On 10 January 1986, you were again warned about the potential for administrative separation.  On 14 February 1986, you received a NJP for wrongful use of a controlled substance.  On 27 February 1986, you received a fourth NJP for self-injury without intent to avoid service.  Subsequently, administrative discharge action was initiated by reason of misconduct due to drug use.  Your commanding officer recommended that you receive an under other than honorable (OTH) conditions discharge and the separation authority approved your separation from the Navy.  On 30 April 1986, you were counseled that you were not eligible for 
reenlistment, you refused inpatient substance abuse treatment, and you received an OTH discharge. 
 
You requested the Board upgrade your discharge to general (under honorable conditions).  You asserted that your ship’s legal officer advised you that you would be offered alcohol inpatient treatment, but you could not be forced to go, however, if you declined, you would receive a general discharge.  You stated you were unhappy with the Navy at the time because you were denied leave to be present for your daughter’s birth while on a deployment and that you declined alcohol treatment.  You claimed that a few days before your discharge you heard your discharge had been changed because your executive officer intervened without knowledge of the ship’s legal staff.  The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in four NJPs, all after you had been warned about the potential for administrative separation.  The Board noted that you provided no evidence to support your contentions.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law and in good faith.  Further, there is no provision in law or regulations that allows for re-characterization of a discharge automatically, due solely to the passage of time.  
 
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 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.