Docket No: 6995-19 
Ref: Signature Date           
 
 
Dear : 
 
This is in reference to your application of 14 July 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 3 April 1990.  On 31 August 1990, you received non-judicial punishment (NJP) for unauthorized absence (UA) and missing movement.  On 29 March 1991, you received a second NJP for failure to obey a lawful order.  On 15 May 1991, you received a third NJP for UA and missing movement.  On 23 September 1991, you were counseled and advised that failure to take corrective action could result in administrative separation and judicial proceedings.  On 2 October 1991, you received a fourth NJP for drunkenness.  On 7 October 1991, administrative discharge action was initiated due to a pattern of misconduct.  On 21 October 1991, a medical officer determined you were psychologically dependent on alcohol.  On 1 November 1991, you signed a counseling entry (page 13), that read, in part:  “I certify that on this date I have been offered inpatient treatment for alcohol/drug dependency” and you elected to decline treatment.  On 14 November 1991, you were discharged with an under other than honorable (OTH) characterization of service. 
 
You request that the Board upgrade your discharge to honorable or general (under honorable conditions).  You assert:  “[m]y pattern of misconduct was due to excessive drinking of alcohol.  I was never offered any type of counseling or treatment for this disease that I now found out I’ve had over these years.  If it was addressed properly I could have gotten the proper help at the time of the incidents.”  Additionally, you state that you are now sober and recovering from your alcoholism and you need help from the Department of Veterans Affairs. 
 
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 that resulted in four NJPs.  With respect to your contention that you were not offered alcohol rehabilitation treatment, the Board noted your record reflects your refusal to participate in treatment.  The Board noted your post-service accomplishments; however, 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.