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

Docket No. 6351-19
Ref: Signature Date

Dear	,

This letter is in reference to your reconsideration request dated 18 June 2019. You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been disapproved. Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.Consequently, your application has been denied.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 October 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.

The Board carefully considered your arguments that you deserve a change to your narrative reason for separation to disability or an upgrade to your characterization of service. You argue that you were suffering from alcoholism and not offered proper treatment while in the Navy.
Unfortunately, the Board disagreed with your rationale for relief. First, the Board concluded you were mentally responsible for the misconduct that formed the basis for your administrative discharge from the Navy. Despite your assertions that you did not receive adequate treatment or support from the Navy for your alcoholism, the Board concluded you were criminally responsible for your actions. Based on this finding, the Board determined your administrative separation for pattern of misconduct was supported by the five documented non-judicial punishments in your military record. Second, since you were administratively separated for misconduct, the Board found that you were not eligible for disability processing since disability regulations direct misconduct processing to supersede disability processing.  Third, as pointed out in the previous decision letter, alcoholism is not a ratable condition under the military disability regulations. Despite your assertion that alcoholism may cause other underlying disability conditions that may qualify for disability processing, the Board noted you were diagnosed only with alcohol dependence while in the Navy.  Regardless, as previously explained,

you did not qualify for disability processing due to your misconduct based administrative separation. Fourth, the Board was pleased with your years of sobriety and post-discharge accomplishments as described in your many character letters. However, they determined that your other than honorable characterization of service remains appropriate in light of your record of repeated misconduct that occurred during a relatively short period of active duty.  The fact you entered the Navy with a history of alcohol abuse and failed alcohol rehabilitation while in the Navy lessened the mitigation evidence offered in support of an upgrade. In the Board’s opinion, as evidenced by the narrative summary of your alcohol treatment from 20 August 1984 through 5 September 1984, you were provided a reasonable opportunity to overcome your alcohol dependence while in the Navy despite your assertions to the contrary. The narrative summary documents that you were provided Antabuse, provided therapy, and attended Alcoholics Anonymous meeting six times weekly during your treatment period. Accordingly, the Board determined insufficient evidence of error or injustice exists to warrant a change to your record.

It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction.

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,