Docket No: 11183-19 
Ref: Signature Date 
 

 
Dear : 
 
This 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  
9 September 2020.  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 enlisted in the Navy and began a period of active duty on 27 June 1995.  You completed this enlistment with an honorable characterization of service on 26 June 1998.  You subsequently reenlisted in the Navy.  On 1 August 2002, you received non-judicial punishment (NJP), the specifics of the charge and specification were not in your service record, the record reflect you were awarded as punishment reduction in rank, and forfeiture of pay which was suspended for a period of six months.  On 7 August 2002, the suspended portion of your previous awarded punishment was vacated due to continued misconduct.  Although your administrative separation documentation is not in your service record, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 23 May 2003, with a general (under honorable conditions) characterization of service by reason of alcohol rehabilitation failure.   
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that your discharge was due to an incident that did not involve your work performance.  After careful consideration, The Board determined that these factors were not sufficient to warrant relief in your case because of the misconduct detailed in your record.  
 
With regard to your contention, naval regulation states personnel considered to be treatment failures shall be processed for administrative separation.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board, in its review, discerned no impropriety or inequity 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, 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,