Docket No: 5216-19                                                                                 Ref: Signature date 
 
Dear : 
 
This letter 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 7 November 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 and began a period of active duty on 8 June 2006.  On 20 January 2008 and 18 April 2008 your received nonjudicial punishment (NJP) for unauthorized absence (UA) and being drunk on duty.  You completed the Level-I outpatient alcohol rehabilitation program, and on 26 August 2010, you reenlisted.  On 30 January 2011, you received a third NJP for UA and being drunk on duty.  On 31 January 2011, administrative action was initiated to separate you from the naval service by reason of alcohol rehabilitation failure.  After being advised of, and waiving in writing, your procedural rights, your case was forwarded to the separation authority for review.  The separation authority directed that you be separated and, on 15 February 2011, you were discharged with a general (under honorable conditions) (GEN) characterization of service.  On 12 February 2013, the Naval Discharge Review Board (NDRB) denied your application to upgrade your discharge.  On 24 August 2018, the NDRB again determined that your discharge was proper as issued and that no change was warranted.  The NDBR also recommended to Naval Personnel Command (NPC) to add the statement “Continuous Honorable service 20060830-20100824” to your DD Form 214, Block 18, Remarks, and change Block 24 to read:  “general (under honorable conditions)” as appropriate. 
 
You request the Board change your DD Form 214 as recommended by the NDRB.  The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions, and concluded that these factors were insufficient to warrant a change to your Block 18, Remarks.  The Board noted that the NDRB may make a recommendation; however, NPC is not required to make the change unless appropriate.  The Board noted that you received two NJPs during the timeframe in question.  Additionally, the Board noted that your corrected DD Form 214 Block 24 reads:  “general (under honorable conditions).” 
 
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,