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

Docket No: 7267-19 
Ref: Signature Date 

Dear

This 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 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 3 February 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 14 May 1991. On 15 May 1991, you were counseled for defective enlistment due to fraudulent entry by failure to disclose your pre-service drug use.  You were advised that further deficiencies in performance or conduct could result in administrative separation or judicial proceedings.  On 13 November 1993, you received nonjudicial punishment (NJP) and were awarded forfeiture of pay and restriction.  On 31 December 1993, you were counseled to refrain from alcohol and comply with your rehabilitation program.  Again, you were advised that further deficiencies in performance or conduct could result in administrative separation or judicial proceedings.  On 6 November 1994, you were counseled for failure to properly fulfill conditions of your alcohol rehabilitation aftercare program and again advised that further deficiencies in performance or conduct could result in administrative separation or judicial proceedings.  Again, on 17 March 1995, you were counseled for your continued failure to fulfill the conditions of your aftercare program.  On 24 March 1995, you received a second NJP for unauthorized absence (UA) and failure to obey lawful orders.  You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  On 30 March 1995, administrative discharge action was initiated due to misconduct.  After being afforded all of your procedural rights, you waived them, and your case was forwarded to the separation authority for review.  Your commanding officer recommended that you be discharged with an other than honorable (OTH) characterization of service.  The separation authority approved your separation from the Navy.  On 11 May 1995, you were counseled that you were being retained beyond your normal end of active service awaiting approval of your administrative separation.  On 23 May 1995, you were counseled that you were not eligible for reenlistment, and you were discharged with an OTH characterization of service. 

You request the Board upgrade your discharge to honorable.  You assert that you served your full enlistment and earned awards and commendations.  You state your OTH discharge is preventing you from receiving benefits.  In the 24 years since your discharge, you have married, had children, volunteer and are active in your community.  In support of your petition, you attached a character letter from a Sailor who served with you and is still a close friend.
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded that these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in two NJPs and administrative separation, despite repeated warnings about the potential for administrative separation.  The Board noted your post-service accomplishments; however, there is no provision of law or in Navy regulations that allows for an upgrade in the characterization of your service due solely to the passage of time.
 
Regarding your contention that you need VA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you may contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you may appeal that denial under procedures established by the VA.
 
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,