Docket No:  1576-18 
Ref: Signature date 

Dear  
 
This letter is in reference to your application of 9 February 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 12 August 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, 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 December 1992.  On 18 December 1992, you were briefed regarding the Navy policy on drug and alcohol abuse.  On 23 September 1994, you received non-judicial punishment (NJP).  Your offenses included disobeying a lawful order on two separate occasions.  On 1 November 1994, you were diagnosed as alcohol dependent and offered Level III alcohol rehabilitation treatment.  You declined the treatment and acknowledged that you could be separated with an other than honorable characterization of service.  Subsequently, you were notified of pending administrative action to separate you from the naval service by reason of misconduct due to the commission of a serious offense and alcohol abuse rehabilitation failure.  You acknowledged your separation by reason of misconduct and waived your right to consult with counsel and your right to present your case to an administrative discharge board (ADB).  You elected your right to submit a statement, but failed to submit one.  After waiting five days for your statement, your commanding officer informed the separation authority that you had not submitted a statement.  The separation authority directed your separation with a general discharge due to commission of a serious offense and alcohol rehabilitation failure.  You were so discharged on 16 February 1995. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and assertion that you refused alcohol treatment because you didn’t think you had a drinking problem at the time.  The Board concluded these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in NJP and alcohol abuse rehabilitation failure.  Further, you were given an opportunity to argue for a better characterization of service at the time of your discharge, but you waived your right to present your case at an ADB, and did not submit a statement to the separation authority.   
 
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.