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

Docket No: 9874-18              
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 10 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, and applicable statutes, regulations, and policies.
 
You reenlisted in the Navy on 31 August 1982.  During the period from 20 January 1983 to  18 August 1984, you received non-judicial punishment four times, for three instances of unauthorized absence (UA) totaling nine days, writing worthless checks with intent to deceive, attempting to break restriction, three instances of disobeying a lawful order, making a false official statement, missing ship’s movement, and failure to pay a just debt.  Subsequently, you were notified of the initiation of, and your rights associated with, administrative separation processing by reason of misconduct due to a pattern of misconduct/frequent involvement.  You waived your rights and your commanding officer (CO) recommended that you be discharged with an other than honorable (OTH) characterization of service by reason of misconduct due to a pattern of misconduct/frequent involvement.  The discharge authority approved this recommendation and directed that you be separated with an OTH characterization of service by reason of misconduct.  On 20 September 1984, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you are getting help with your alcohol problem.  In this regard, the Board concluded that the seriousness of your misconduct supported the decision to issue you an OTH discharge.  In regard to your contention that you are getting help with your alcohol problem, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your discharge. 

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, 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. 

Sincerely, 


10/4/2019