DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No. 4779-19 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 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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 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 and applicable statutes, regulations and policies. A review of your record shows that you entered active duty with the Navy in August 1985. You left your command without authorization between 26 January 1987 and 30 January 1987 resulting in the imposition of non-judicial punishment on 18 March 1987. You attended Level II Alcohol Rehabilitation Treatment on 1 July 1987 but relapsed resulting in a 7 August 1987 recommendation that you attend Level III Alcohol Rehabilitation Treatment. However, non­judicial punishment was again imposed on you for unauthorized absence on 3 September 1987. Following your non-judicial punishment, you again left your command without authorization resulting in a special court-martial conviction for unauthorized absence and wrongful use of cocaine on 5 January 1988. You were awarded a Bad Conduct Discharge (BCD) as part of your sentence resulting in your discharge on 22 March 1989 at the conclusion of your appellate review. The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability and an upgrade to your characterization of service. You assert that you suffered emotional distress from the deaths of your fiancée and friend in February 1987 and March 1987, respectively. You argue that your substance abuse was a result of these deaths and your commands failure to properly treat your alcoholism. Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded you were mentally responsible for the misconduct you committed. There was no evidence to show that you were not culpable for the misconduct which formed the basis for your discharge. Based on this finding, the Board concluded you were properly convicted by the special court-martial and discharged from the Navy with a BCD. Second, based on your punitive discharge, the Board found that you are not eligible for disability benefits from the Navy. Third, the Board considered whether an injustice exists in your case based on your allegations. The Board concluded no injustice exists based on the facts of your case. Your record shows that you commenced committing misconduct, as documented by your 18 March 1987 non-judicial punishment, prior to the alleged deaths you claim caused your misconduct. Further, review of your medical records describe a possible alcohol abuse history since age 14. Both of these factors, when taken into consideration with the Navy’s attempt to treat your alcoholism through Level II treatment, convinced the Board insufficient mitigation exists to support a finding of an injustice. In the Board’s opinion, the Navy provided you with timely alcohol treatment, counselling, and potential for further treatment before you committed the misconduct that ultimately led to your punitive discharge from the Navy. Finally, based on the seriousness of your misconduct that led to a punitive discharge, the Board determined that your characterization of service remains appropriate. During your brief career in the Navy, you were punished twice through non-judicial punishment and once through a court-martial conviction involving wrongful cocaine use. The Board felt this documented history of misconduct supports the BCD you were awarded. Accordingly, the Board concluded insufficient evidence of error or injustice exists to warrant a change to your record. 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 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, 10/5/2019