DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 0352-19 
Date: Ref Signature 

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 8 January 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.

You enlisted in the Navy and began a period of active service on 17 May 1982.  From the period beginning on 16 December 1982 to 3 April 1985 you received non-judicial punishment (NJP) on four occasions for the following offenses: three occasions of unauthorized absence (UA), dereliction of duty, missing ships movement, and failure to obey a lawful order.  On 22 November 1985, you were convicted at a special court-martial (SPCM) for UA and missing ships movement.  You were sentenced to a bad conduct discharge (BCD).  On 5 February 1987, you were so discharged.
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, the character letters submitted on your behalf, and your contentions that you made a mistake as a result of alcoholism and that you were not offered treatment.  You state, since your discharge you have changed your life and have been sober for over 30 years.  The Board commends your sobriety.  The Board noted there is no evidence in the record, and you submitted none, to support your assertion of alcoholism during service.  Further, if alcohol abuse existed at the time of your service, such abuse is not excusable for misconduct.  The Board concluded that the severity of your misconduct which resulted your SPCM conviction and subsequent BCD was not enough to outweigh the significant misconduct you committed.  Lastly, the Board, in its review, discerned no probable material error or injustice in your 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,