DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 835-19 Ref: Signature Date Dear : This is in reference to your application of 12 May 2020 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 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 May 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. In addition, the Board considered the advisory opinion (AO) furnished by a Navy mental health professional dated 30 September 2019, which was previously provided to you. You enlisted in the Navy and began a period of active duty on 9 October 1985. On 15 October 1985, you were briefed on the Navy’s policy regarding drug and alcohol abuse. On 9 June 1989, you reenlisted in the Navy after serving over three years of honorable service. On 20 August 1994, you were counseled concerning the damage of civilian property and drunk and disorderly conduct. On 6 January 1985, you completed a Level III Alcohol Rehabilitation Program, and were warned that your involvement in a subsequent related incident or failure to complete your aftercare, would be grounds for administrative discharge action. On 14 December 1995, you received non-judicial punishment (NJP) for three days of unauthorized absence (UA). On 5 January 1996, you were counseled concerning your UA, and warned that further misconduct could result in administrative discharge action. On 19 September 1996, you received NJP for two periods of UA totaling 18 days, and missing ship’s movement. On 9 October 1996, you were notified of administrative discharge action due alcohol rehabilitation failure, and a pattern of misconduct. After being afforded your procedural rights, you elected to waive your right to present your case to an administrative discharge board. Subsequently, your case was, forwarded to the separation authority, with the recommendation that you be separated from the Navy with a general (under honorable conditions) discharge for alcohol rehabilitation failure. On 9 October 1996, you were, discharged from the Navy with a general (under honorable conditions) characterization of service. Your request was fully and carefully considered by the Board in light of the Secretary of Defense's 3 September 2014 memorandum, “Supplemental Guidance to MilitaryBoards for Correction of Military/Naval Records Considering Discharge Upgrade Requested by Veterans Claiming Post Traumatic Stress Disorder,” the 25 August 2017 memorandum, “Clarifying Guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records Considering Requests by Veterans for Modification of their Discharge Due to Mental Health Conditions, Sexual Assault, or Sexual Harassment,” and the 25 July 2018 memorandum, “Guidance to Military Discharge ReviewBoards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” A mental health professional reviewed your request for correction to your record and provided the Board with an AO regarding your assertion that you were suffering from PTSD during your service. The AO noted that you denied mental health symptoms on your discharge physical. The AO also noted that no additional records were available for review and, in-service, you were diagnosed with what today would be termed, alcohol use disorder, and received inpatient treatment for your alcohol use. The AO opined that there is insufficient evidence to attribute your misconduct to a mental health condition other than alcohol use disorder. The Board carefully weighed all potentially mitigating factors in your case, including your record of service, serving just under 12 years, earning two honorable discharges, and desire to upgrade your discharge. The Board also considered your assertions that your last enlistment was low due to alcoholism, depression, PTSD, and anxiety. Additionally, that you honestly feel that an honorable discharge is a fair request, you were a 4.0 Sailor for all but for your drinking issues, and after many years you finally sought treatment from the Department of Veterans Affairs, and have been sober for almost 11 months. The Board concluded these factors and assertions were not sufficient to warrant changing your characterization of service given your misconduct, which resulted in two NJPs, counseling’s and the fact that you were, briefed on the Navy’s policy regarding drug and alcohol abuse, and warned of the consequences of further misconduct shortly after your first NJP. Further, the Board concurred with the AO’s statement that there is insufficient evidence to attribute your misconduct to a mental health condition other than alcohol use disorder. 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,