DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 

Docket No: 0612-19 
Ref: Signature Date 

Dear ,

This is in reference to your application of 7 December 2018 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 22 January 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, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 12 December 1990.  On 2 April 1992, you received non-judicial punishment (NJP) for furnishing alcoholic beverages to a person under 21 years of age.  On 28 May 1992, you received your second NJP for an unauthorized absence and drunk and disorderly conduct.  On 10 September 1993, you received your third NJP for wrongful sale, gift, loan, or disposition of a military identification card.  Subsequently, you were notified of pending administrative action to separate you from the naval service because of misconduct due to commission of a serious offense.  You were advised of, and elected, your procedural rights, to consult with and be represented by military counsel, and your right to present your case to an administrative discharge board (ADB).  An ADB was convened and recommended that you be administratively discharged from the naval service with a general (under honorable conditions) characterization of service.  Your commanding officer (CO) concurred with the ADB recommendation.  The discharge authority approved the recommendation and directed that you be separated with a general (under honorable conditions) characterization of service.  On 14 December 1993, you were so discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your submission of supporting documentation and your desire to upgrade your discharge with all rights and responsibilities therein.  The Board considered your contention that while you were in the Navy you had a problem with alcohol and its effect, but was never offered any type of treatment or counseling.  Since leaving the military, you have received help, and have been sober for over 20 years.  You have graduated from the college of    with a Bachelor of Science in Biology, and from   University School of Law with a Juris Doctorate.  You have been a practicing attorney for 12 years, and worked as a Deputy District Attorney.  The Board commends you for your post service conduct, however, concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in three NJPs. 

Regarding your contention concerning your purported alcohol problems, there is no indication in the record that such problems, if they existed at the time of your service, were so serious as to excuse you of responsibility for your actions or were sufficiently mitigating to warrant recharacterization.  Additionally, regulatory guidelines state a command is under no obligation to send a service member to alcohol rehabilitation treatment unless it was determined, by competent medical authority, that the service member is alcohol dependent.  Under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 

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,