DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4318-19 Ref: Signature date Dear This is in reference to your application of 27 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 2 December 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, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 6 June 1988. On 9 June 1998, you signed the USN policy on drug and alcohol abuse. On 13 March 1989, your Commanding Officer (CO) identified you as alcohol abuser and required that you complete Level I drug and Alcohol Abuse Program. On 31 March 1989, you received a retention warning for fighting while under the influence of alcohol. On 31 January 1990, a recommendation for your advancement was withdrawn. On 20 April 1990, you received non-judicial punishment (NJP) for willfully disobeying a petty officer and drunk and disorderly conduct. On 24 April 1990, you were evaluated and found to be psychologically dependent on alcohol. You were recommended for Level III treatment however, the CAAC Director recommended that, due to your “long record of emotional and mental issues,” you be separated and treated by the Veteran’s Administration. On 16 May 1990, a physician found you dependent on alcohol and recommended separation via a VA hospital. On 30 August 1990, you received NJP for assault. On 11 October 1990, you received NJP for seven specification of unauthorized absence. Subsequently, an administrative action to separate you from the naval service was initiated by reason of alcohol rehabilitation failure, misconduct due to a pattern of misconduct and commission of a serious offense. You elected to present your case to an administrative board (ADB) and, on 18 December 1990, the ADB found a basis for your administrative separation and recommended you be separated with an under other than honorable (OTH) characterization of service. On 7 January 1991, your CO concurred with the ADB and, on 25 February 1991, the separation authority directed that you be separated with an OTH discharge. Before your separation, you received NJP twice. On 22 April 1991, you received NJP for failure to go and failure to obey orders or regulations. On 11 July 1991, you received NJP for absence from an appointed place of duty on four occasions. You received an OTH discharge on 22 July 1991. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertion that you joined the Navy after attending learning-disabled classes in high school. Additionally, the Board considered that you are from a small, rural town in Southwestern , had never been away from home and had difficulty adjusting to military life. Finally, the Board considered your assertion that you were harassed by shipmates and drank excessively. The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in five NJPs. 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, 2/22/2020