Docket No: 2465-19 
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 28 October 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined 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 on 26 October 1995.  On 2 May 1997, you received nonjudicial punishment (NJP) for failure to obey lawful orders, false official statement, drunken or reckless operation of a vehicle, drunk on duty, and underage drinking.  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  You were were advised that failure to take corrective action may result in administrative separation and judicial proceedings.  On 11 August 1997, you received a second NJP for failure to obey a lawful order prohibiting you from driving on base.  On 12 August 1997, administrative discharge action was initiated due to pattern of misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you receive a general (under honorable conditions) discharge and the separation authority approved your separation from the Navy.  On 29 August 1997, you received a general discharge. 
 
You requested the Board remove “pattern of misconduct” from your DD Form 214, Block 28, narrative reason for separation.  You asserted that you suffered from addiction and being around others who used alcohol made your condition worse.  You claimed that you have been in recovery from your alcohol addiction for the past 8 years.  Lastly, you stated that you “would like my DD 214 not to reflect my misconduct as I am proud to be a veteran and sober.”  In support of your petition, you attached the records from your treatment at a civilian alcohol rehabilitation program you completed in 2010, as well as character letters from your spouse and sister confirming both your sobriety and post-service accomplishments.  The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your narrative reason for separation given your misconduct that resulted in two NJPs, one of which occurred after you had been warned about the potential for administrative separation. 
 
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,