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

Docket No: 3633-19
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 12 September 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.

You enlisted in the Navy on 16 March 1992. On 17 September 1992, you were disenrolled from your military occupational school because you were no longer eligible for a security clearance. Thereafter, you received nonjudicial punishment (NJP) on 25 November 1992 for underage drinking and over-indulgence which caused incapacitation for the proper performance of duties. On 4 December 1992, you received a second NJP for being absent from restriction muster.  On 10 December 1992, you received a third NJP for being absent from restriction muster and underage drinking. On 18 December 1992, the branch medical clinic evaluated you to determine whether you were dependent upon alcohol, and found that you were not physically or psychologically dependent. The medical doctor did not recommend inpatient alcohol treatment based on the assessment.  Subsequently, you were notified of pending administrative separation action by reason of misconduct due to commission of a serious offense and pattern of misconduct. After waiving your procedural rights, your commanding officer recommended you be discharged with an other than honorable (OTH) characterization of service due to misconduct. The discharge authority approved this recommendation.  On 8 February 1993, you received an OTH discharge.

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention the revocation of your security clearance caused you to start drinking and led to your discharge. Specifically, you contend your mother’s marriage to an Iranian man and subsequent residence in Iran caused revocation of your security clearance and the loss of your chosen military specialty. After being transferred to hospital corpsman school, you contend you started drinking in order to cope with the disappointing loss of your military specialty. The Board further considered your contention that if you had been given help in coping with the loss of your clearance, military specialty, and assistance with your drinking problem, you would have stayed in the Navy. You did not, however, submit any supporting documentation with your application. The Board noted that the Navy did evaluate you while you were in service to determine whether inpatient alcohol treatment was needed, and found that it was not because you were not physically or psychologically dependent upon alcohol.  The Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. Based on your misconduct, the Board determined you were assigned an appropriate 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,