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

Docket No: 6795-19                                                            
Ref: Signature Date 

This is in reference to your application of 28 June 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 9 March 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 23 December 1988.  On 22 June 1989, you were absent from your appointed place of duty.  On 30 June 1989, you were counseled regarding your derogatory performance evaluation report and advised that failure to take corrective action could result in administrative separation and judicial proceedings.  On 27 July 1989, you received non-judicial punishment (NJP) for three incidents of drunk and disorderly conduct in public (off base) of a nature to bring discredit upon Armed Forces, and awarded forfeiture of pay.  On 4 August 1989, you were counseled regarding your disenrollment from “A” school for administrative reasons, and you were reassigned as a Seaman for general detail duty.  On 6 January 1990, you were arrested by civilian authorities in                      , for operating a motor vehicle while under the influence of alcohol and you refused a breathalyzer and blood test to determine your blood alcohol content.  On 17 January 1990, administrative action to separate you from the naval service was initiated for alcohol abuse rehabilitation failure.  On 18 January 1990, you signed a counseling entry (page 13), that read, in part: “I have been determined to be physiologically and/or psychologically dependent on alcohol. I have been offered formal treatment from a VA hospital.  I am voluntarily waiving this treatment and releasing USN if any responsibility relating to my alcohol problem.” After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  On 24 January 1990, you were discharged with a general (under honorable conditions) characterization of service. 

You request that the Board upgrade your discharge to honorable.  You assert that when you joined the Navy at age 18, you were immature and irresponsible.  Looking back, you wish you had have stayed in and continued to serve the country you love.  Additionally, you state that since your discharge you have led a productive, law-abiding life, and been employed by the state of         for 24 years.  You are about to retire, and if your discharge is upgraded to 
honorable, you will receive a larger pension. 

The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct.  Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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, 


3/27/2020