DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3018-19 Ref: Signature Date This is in reference to your application of 8 October 2019 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. 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 7 May 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. 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 issues 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 on 25 November 1985. On 1 June 1987, you received non-judicial punishment (NJP) for grand larceny, disobeying a lawful order of a superior commissioned officer, drunk and disorderly, and drunk driving. On 11 June 1987, you received a medical evaluation and it was determined that you were psychologically dependent on alcohol and found to be amenable to treatment. On 15 June 1987, you were notified of an administrative action to separate you from the naval service because of misconduct due to commission of a serious offense. You were advised of, and elected, your procedural right, to consult with and be represented by military counsel, and to present your case to an administrative discharge board (ADB). Prior to the convening of your ADB, you received your second NJP for dereliction in the performance of duty. On 28 August 1987, your ADB was convened and voted by a vote of 3 to 0, that you had not committed misconduct due to a pattern of misconduct and recommended that you be retained in the naval service. Your Commanding Officer (CO) recommended administrative discharge from the naval service with a general (under honorable conditions) characterization of service by reason of misconduct due to pattern of misconduct. The separation authority directed that your administrative discharge be held in abeyance and that the ADB be reconvened due to incorrect notification procedures. The Board noted that you were retained, however, on 13 November 1987, you received your third NJP for two specifications of insubordinate conduct and drunk and disorderly conduct. On 16 February 1988, you received your fourth NJP for drunk and disorderly, communicating a threat, disobeying a lawful order and two specifications of assault. Subsequently, you were again notified of an administrative action to separate you from the naval service because of misconduct due to commission of a serious offense and pattern of misconduct. You were advised of, and waived, your procedural rights, including your right to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB). Your CO recommended that you be administratively discharged from the naval service with an other than honorable (OTH) characterization of service. The discharge authority approved the CO’s recommendation and directed that you be administratively dischargd with an OTH characterization of service by reason of misconduct due to a pattern of misconduct. On 7 March 1988, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge. The Board considered your contention that you were given an OTH discharge without being offered treatment for an alcohol problem. You further contend that you was deployed in the Persian Gulf and your CO wanted you “swept under the rug.” The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in four NJP’s. In regard to your contention that you were not offered alcohol treatment, regulatory guidelines state a command is under no obligation to send a servicemember to alcohol rehabilitation treatment unless it was determined, by competent medical authority, that the servicemember is alcohol dependent. Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the 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 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, 6/5/2020