Docket No: 7570-19 
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 relevant portions of your naval record and your application, 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 10 August 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 1 August 1988.  You received nonjudicial punishment (NJP) on 16 February 1989, for wrongfully possessing and drinking alcoholic beverages as a minor.  On 27 December 1989, you received NJP for failure to obey a lawful order.  On 5 July 1990, you received a third NJP for failure to obey a lawful order.  On 26 January 1990, you received a fourth NJP, also for failure to obey a lawful order.  On 1 August 1990, you were notified that you were being considered for administrative discharge from the naval service by reason of misconduct due to a pattern of misconduct, evidenced by your NJPs.  You waived all of your procedural rights including you right to consult with counsel and your right to request an administrative board.  27 August 1990, Commanding Officer (CO),  forwarded your package to the separation authority recommending that you be separated on the basis of a pattern of misconduct with and other than honorable (OTH) characterization of service.  The recommendation was approved and you were discharged in September 1990, with an OTH characterization of service and a reentry (RE) code of RE-4. 

In your application for consideration, you ask that your discharge be upgraded from OTH to general.  You state that at the time of your discharge, you were mentally ill and suffering from an addiction to alcohol.  You contend that the Navy failed to recognize the root cause of your problem and was quick to discharge you.  You would like care through Veterans Affairs (VA) and its program for individuals with Post Traumatic Stress Disorder (PTSD). 
 
The Board noted that your application for correction raises a potential issue of a mental health condition during your military service.  In a communication dated 22 October 2019, you were asked to provide additional medical or clinical evidence to support your claim.  When you did not provide additional evidence, your case was re-opened and processed for consideration by the Board. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your contention that you were suffering from a mental health condition and alcoholism at the time of your military service.  The Board reviewed the information you provided in your application and the information reflected in your record, but found that you did not provide sufficient evidence to establish that you suffered from a mental health condition that would mitigate your misconduct.  Based on your four NJPs within your first enlistment, the Board found that your misconduct supported your OTH characterization of service.  Absent sufficient evidence to establish that you suffered from a mental health condition that impacted your ability to conform to expected standards, the Board found that your record does not merit corrective action. 
 
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,