Docket No: 7828-19 
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 you did not file your application 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 for Correction of Naval Records, sitting in executive session, considered your application on 20 July 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 24 July 1979.  On 17 January 1980, you were referred for a psychiatric evaluation for immaturity and alcohol abuse.  During the evaluation you reported a three year history of alcohol abuse and admitted you had occasionally used marijuana whole on active duty.  You were diagnosed with immature personality disorder and episodic excessive drinking, both of which existed prior to your entry into the Navy.  On 20 February 1980, you were admitted to the Naval Regional Medical Center, for inpatient alcohol rehabilitation treatment.  On 27 February 1980, you were returned to your command because you were non-cooperative, refused to take alcohol rehabilitation medication (antabuse), and you circumvented rules and regulations of the program.  On 5 March 1980, administrative discharge action was initiated by reason of unsuitability due to personality disorder and alcohol abuse.  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 receive a general (under honorable conditions) discharge.   On 20 May 1980, the separation authority approved your separation and you were discharged the same day with a general (under honorable) characterization of service. 
 
The Board carefully weighed your desire to upgrade your discharge and all potentially mitigating factors, such as your contentions that your discharge was inequitable because it was based on one isolated incident while in service with no other adverse action.  Additionally, you state a medical officer ordered you to take medication that you did not feel was in your best interest to take.   The Board concluded these factors were not sufficient to warrant a change to your discharge. The Board further noted that your characterization of service was based upon your trait marks received in service.  Your overall trait average for your nine months of service was 2.55, which was below the marks required for an honorable discharge at that time. The Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.   
 
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 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,