DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8772-19 Ref: Signature Date 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 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 23 March 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 19 March 1985. On 12 May 1986, you signed a counseling entry that you did not desire to participate in a drug and alcohol rehabilitation program. On 13 May 1986, you began a period of unauthorized absence (UA) that continued until 19 May 1986. On 4 June 1986, you received nonjudicial punishment (NJP) for UA and awarded correctional custody and forfeiture of pay, which was suspended for six months. You were counseled that although you were being retained, further deficiencies in performance or conduct could result in administrative separation and judicial proceedings. On 16 July 1986, you began another period of UA that continued until you were apprehended by civilian authorities on 3 October 1986. On 31 October 1986, you were convicted by special court-martial (SPCM) for violating Article 86 (UA) of the Uniform Code of Military Justice (UCMJ). You were sentenced to confinement with hard labor and forfeiture of pay. On 28 November 1986, administrative discharge action was initiated by reason of misconduct due to commission of a serious offense. 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 be discharged with an other than honorable (OTH) characterization of service. The separation authority approved your separation from the Navy. On 9 January 1987, you were discharged with an OTH characterization of service. You request the Board upgrade your discharge to general (under honorable conditions). You assert that in 1986, you had an accident while drinking and driving that almost killing your best friend. You were distressed and went UA after leaving the hospital. You were gone 60 days and returned when you calmed down. You claim you were not given help, but with proper treatment you would have continued to serve and been discharged honorably. Lastly, you state you would like to file for benefits. The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct. The Board noted that you provided no evidence to support your contention about your motor vehicle accident. Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith. Additionally, with respect to your contention that you were not offered help, the Board noted that you were offered, and refused, alcohol rehabilitation. The Board discerned no probable material error or injustice in your discharge that warrants upgrading the characterization of your 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 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, 4/12/2020