Docket No: 3660-19 
Ref: Signature Date 


This is in reference to your application of 26 March 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 14 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, an Advisory Opinion (AO) from a mental health provider, and applicable statutes, regulations and policies. 

You enlisted in the Navy and began a period of active duty on 8 August 2011 at age 30.  On 9 April 2013, you were diagnosed with a depressive disorder not otherwise specified and alcohol dependence, early partial remission.  In the spring of 2013, your command notified you that you were being processed for an administrative discharge for being an alcohol rehabilitation failure.  Unfortunately, the administrative separation documents are not in your record.  However, the Board relied on a presumption of regularity to support the official actions of public officers, and given the narrative reason for separation and corresponding separation code as stated on your DD Form 214, the Board presumed that you were properly processed and discharged from the Navy for being an alcohol rehabilitation failure due to not successfully completing your aftercare plan.  The Board also noted that your separation evaluation for the period ending 12 April 2013 stated: 

	personal behavior, conduct, and lack of responsibility are not consistent with the Navy’s Core Values. Poor judgment and non-compliance of the 	Navy’s substance abuse policy resulted in failure to complete the medically prescribed and command-	approved aftercare plan.  
 is not 	recommended for advancement or retention. 

On 12 April 2013 you were discharged from the Navy for alcohol rehabilitation failure with an Under Honorable Conditions (General) (GEN) characterization of service and assigned an RE-4 reentry code. Your contention that you suffered from mental health-related conditions or disorders on active duty was fully and carefully considered by the Board in light of the Secretary of Defense's 3 September 2014 memorandum, “Supplemental Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” the 25 August 2017 memorandum, “ClarifyingGuidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” and the 25 July 2018 memorandum, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” 

A mental health provider (MHP) also reviewed your request for correction and provided the Board an AO dated 22 February 2020.  The MHP noted that you were diagnosed with alcohol dependence and received alcohol treatment during military service, but experienced a relapse within two months of discharge, which resulted in your administrative separation.  The MHP opined that there was evidence to attribute your listed narrative reason for separation to your behavior and mental health conditions. 

The Board carefully weighed all potentially mitigating factors, such as your contentions that included, but were not limited to:  (a) that you have a 100% service-connected disability rating, (b) you are presently an inpatient at a VA medical facility and are being treated for your mental health disorders, (c) as a result of your mental health disorders you were caused to self-medicate with alcohol, (d) that “dependency or hardship” are more appropriate and accurate narrative reasons for separation, and (e) changing your narrative reason for separation will allow you to take one more step to understanding your disorder and dealing with its ramifications.  However, the Board determined these mitigating factors and contentions were not sufficient to warrant changing your narrative reason for separation or granting any other relief in your case. 

In accordance with the published guidance, the Board gave liberal and special consideration to your record of service, and your contentions about any traumatic or stressful events you experienced and their possible adverse impact on your service.  However, the Board determined by virtue of your aftercare failure following alcohol rehabilitation treatment that you were a prima facie case of an alcohol rehabilitation failure.  The Board concluded that your aftercare failure was the triggering event for your administrative separation, and that an alcohol rehabilitation failure best and most accurately describes the conduct/behavior underlying your discharge.  The Board also noted in accordance with the Naval Military Personnel Manual that dependency or hardship are inapplicable bases for separation in your case.  In the end, the Board concluded that you received the correct discharge narrative reason, characterization, and reentry code based on the totality of your circumstances, and that such action was in accordance with all Department of the Navy directives and policy at the time of your discharge. 

Additionally, the Board reviewed your application under the recent guidance provided in the Under Secretary of Defense’s memorandum dated 25 July 2018 entitled, “Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations” (USD Memo).  The purpose of the USD Memo is to ease the process for veterans seeking redress and assist Boards for Correction of Military/Naval Records “in determining whether relief is warranted on the basis of equity, injustice, or clemency.” The USD Memo noted that “increasing attention is being paid to…the circumstances under which citizens should be considered for second chances and the restoration of rights forfeited,” and that “BCM/NRs have the authority to upgrade discharges or correct military records to ensure fundamental fairness.” The USD Memo sets clear standards and principles to guide BCM/NRs in application of their equitable relief authority, and further explains that boards shall consider a number of factors to determine whether to grant relief.  However, even in light of the USD Memo, the Board still concluded that your request does not merit relief. 

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.