Docket No: 7644-19 
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 was 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 7 December 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, applicable statutes, regulations, and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations.   
  
You enlisted in the Navy and began a period of active duty on 2 August 1989.  On 23 May 1989, and on 4 August 1989, you signed the U.S. Navy drug and alcohol policy.  On 21 March 1990, nonjudicial punishment (NJP) was imposed on you for Failure to Go to Appointed Place of Duty, Underage Drinking, and Resisting Apprehension.  You were also issued a retention warning.  On 23 October 1990, NJP was imposed on you for four Unauthorized Absences and Missing Movement.  On 21 June 1991, NJP was imposed on you for Drunk and Disorderly.  Subsequently, administrative separation action by reason of Misconduct – Pattern of Misconduct, was initiated against you.  On 5 July 1991, you waived counsel and an administrative board.  On 10 July 1991, your Commanding Officer recommended you be administratively separated with an Under Other than Honorable Conditions (OTH) discharge.   On 16 July 1991, the Separation Authority directed you be administratively separated with an OTH discharge.  On 18 July 1991, you were discharged with an OTH discharge.   

You requested an upgrade of your discharge to Honorable. You asserted the correction should be made as your record is in error, improper and unjust and not a reflection of you.  Rather, your conduct was directly related to a car accident in which you lost two of your close friends and shipmates.  You described the impact the situation had on you at the time of the incident and that you are still affected by the incident today.  You stated your life did not go in the direction you planned, that it is directly related to the way the Navy handled the situation, that the Navy did not provide you compassion or direction, and that you need mental health assistance.  You also asserted a person in the legal department lied to you and misled you to believe you would receive an Honorable conditions discharge.   
 
In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the Navy and your active duty service to our nation.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  The Board concluded that your OTH discharge characterization was issued without error or injustice, and that corrective action is not warranted.   
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  Please note the U.S. Department of Veterans Affairs (DVA) offers assistance to all veterans through their Veterans Crisis Line at https://www.veteranscrisisline.net/.  Additionally, whether or not an individual is entitled to veterans’ benefits is a matter under the cognizance of the DVA.  If benefits have been denied, you may be able to appeal the denial under procedures established by the DVA.  You are entitled to have the Board reconsider its decision upon 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,