Docket No: 9916-18 
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. 

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, 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 On 
you received non-judicial punishment (NJP) for insubordination, assault, and 
drunk and disorderly conduct. You were counseled that failure to correct your deficiencies could 
result in administrative separation and/or disciplinary action. you received 
a second NJP for unauthorized absences (UA) and failure to obey a lawful order. On 
administrative discharge action was initiated by reason of misconduct due to 
commission of a serious offense. After being afforded all of your procedural rights, you elected 
to have a hearing before an Administrative Discharge Board (ADB). On 
while awaiting your ADB, you received a third NJP for breaking restriction and failure to obey a 
lawful order. On the ADB unanimously determined that you committed 
misconduct as alleged and recommended separation from the naval service with an other than 
honorable (OTH) conditions characterization of service. Your commanding officer concurred 
with the ADB. The separation authority agreed with the recommendation of the ADB and, on 
you received an OTH discharge. 

You request the Board upgrade your discharge to honorable. You assert that because of your 
alcohol dependence, you should have been given treatment which could have led to your being a 
more productive Sailor, a better father to your children, and a better asset to your country. In 
support of your petition you provided medical records from indicating a diagnosis of 
alcohol dependence, and letters from your family about your alcohol dependence and post-
service accomplishments. 

The Board carefully weighed all potentially mitigating factors in your case, including your 
record of service and contentions, and concluded that these factors were insufficient to warrant a 
change to your discharge given your misconduct that resulted in three NJPs, two that occurred 
after you were warned about potential negative consequences, and the third while you were 
pending your ADB. The Board noted that you were diagnosed as alcohol dependent in 
over 20 years after your discharge. However, there is no evidence of in-service alcohol 
dependence in your service records. Absent such evidence, the Board relied upon the 
presumption of regularity, and presumed that the officials acted in accordance with governing 
law/policy and in good faith. 

It is regretted that the circumstances of your reconsideration petition are such that favorable 
action cannot be taken again. 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 the absence of 
sufficient new matters for reconsideration, the decision of the Board is final, and your only 
recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 

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.