Docket No: 11690-19 
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  
23 October 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, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty 25 August 1987.  On 28 August 1987, you were briefed on the Navy’s drug and alcohol abuse policy.  On 9 December 1988, you were counseled regarding your alcohol abuse.  On 7 February 1991, you were counseled regarding your financial irresponsibility.  On 4 June 1991, you received non-judicial punishment (NJP) for unlawfully carrying a concealed weapon.  On 12 June 1991, you were counseled regarding your previous misconduct.  On 5 August 1991, you submitted a signed acknowledgment of your refusal for level III Counseling and Assistance Center (CAAC) treatment.  On 21 August 1991, you were notified of the initiation of administrative separation proceedings by reason of misconduct-commission of a serious offense, and alcohol rehabilitation failure, at which point, you waived your right to counsel and review of your case by an administrative discharge board (ADB).  Your commanding officer recommended your discharge from naval service with an other than honorable (OTH) characterization of service.  On 16 September 1991, the discharge authority approved and directed your discharge.  On 19 September 1991, you were discharged with an OTH characterization of service by reason of misconduct-commission of a serious offense. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  You contend you were subjected to retaliation by senior ranking members following your captain’s mast, and you were unjustly discharged; however, the Board noted you failed to provide evidence to support your contention.  After careful consideration, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 
 
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. 
 
Sincerely,