Docket No: 8540-19 
Ref: Signature Date    
 

Dear : 
 
This is in reference to your application of 19 August 2019 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 9 December 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, and applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 6 August 2002.  On 3 July 2003, you received non-judicial punishment (NJP) for underage drinking and drunk and disorderly conduct. You were awarded forfeiture of pay, restriction, extra duties, and reduction in rank.  On 19 August 2003, you completed an alcohol rehabilitation treatment program.  On 16 February 2005, you resisted apprehension for public intoxication and drunk and disorderly conduct.  On 4 April 2005, you successfully completed additional alcohol rehabilitation treatment.  Your treatment records indicate that further instances of substance abuse would be documented as rehabilitation failure and may result in administrative separation.  On 17 February 2006, you received a second NJP for drunk and disorderly conduct.  On 22 February 2006, a Licensed Independent Practitioner identified you as an alcohol rehabilitation failure due to your third alcohol related incident.  On 3 March 2006, administrative action to separate you from the naval service was initiated.  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 noted that despite being offered assistance, you were unwilling to acknowledge your alcohol dependence or confront it.  On 30 March 2006, were discharged with a general (under honorable conditions) characterization of service. 
 
You request that the Board upgrade your discharge to honorable.  You stated you received an honorable discharge when you reenlisted in October 2005 on the  and currently you have a general (under honorable conditions) on your DD Form 214 for alcohol rehabilitation failure.  You claim that when applying for jobs, employers almost always ask about it and you feel it is hurting you in job market.  You assert the last NJP you received is unjust because you had no recorded blood alcohol content (BAC) level and since your separation you have had no alcohol related incidents. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in three alcohol related incidents.  Additionally, the Board found no error in the records.  The Board noted that you provided no evidence to support your contentions.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith in accordance with governing law and policy.  There is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. The Board commends you for your post-service accomplishment of no alcohol related incidents; however, the Board determined that your post service conduct does not sufficiently mitigate your conduct while enlisted in the Navy or the basis for your discharge 
 
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.