Docket No: 4153-19 
Ref: Signature Date 

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 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 26 May 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 26 June 1990. On 5 February 1992, you received non-judicial punishment (NJP) for failure to obey a lawful order, and indecent assault.  On 31 March 1992, you received a drug/alcohol dependency evaluation which diagnosed you as being alcohol dependent and determined that you were not responsive to treatment and your prognosis was poor.  As a result, it was recommended that you attend AA meetings daily for one year.  On 21 April 1991, you received NJP for disobeying a lawful order.  On 30 April 1992, you received an honorable characterization of service, a narrative reason for separation of “alcohol abuse rehabilitation failure,” a separation code of “GPD,” and an RE-4 reenlistment code.  You also declined to attend the Department of Veterans Affairs (VA) alcohol rehabilitation program prior to discharge. 

The Board carefully weighed all potentially mitigating factors, such as your desire to change your narrative reason for separation, change your separation code, and contentions that you were informed at separation that you would retain full benefits of an honorable discharge and you could re-enter the military once you completed an alcohol rehabilitation program.  However, the Board concluded that these factors were not sufficient to warrant relief given your misconduct and alcohol abuse rehabilitation failure while serving in the Navy. 

In regards to your contention that you were informed at separation that you would retain full benefits of an honorable discharge, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you should contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA.  The Board also noted that you declined to utilize the VA rehabilitation program at separation.  Regarding your contention that you were informed that you would be able to re-enter the military once you complete an alcohol rehabilitation program, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also notes that recruiting personnel are responsible for determining whether you meet the standards for reenlistment, and whether or not a request for a waiver of your reenlistment code is feasible. 

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.