Docket No: 8832-19 
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 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 21 April 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 8 August 1989. On 9 February 1990, you received nonjudicial punishment (NJP) for drunken conduct and underage drinking and were awarded forfeiture of pay, restriction, and extra duties.  On 27 February 1990, you had a Drug & Alcohol Rehabilitation Program evaluation.  A medical officer determined you were psychological dependent to alcohol determined by a medical doctor.  You were offered Level III (inpatient alcohol rehabilitation program, however, you declined treatment. On 12 April 1990, administrative discharge action 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 recommended that you received the characterization of service warranted by your service record.  On 25 April 1990, you were discharged with a general (under honorable conditions) characterization of service. 

You request the Board upgrade your discharge to honorable.  You assert you are requesting the change in order to enhance your parole application.  You state your incarceration “is about correcting past behaviors.  I am not incarcerated for alcohol abuse, drinking is one of the behaviors I can now say is no longer a problem for me.” Additionally, you state that an upgraded discharge, in addition to the other programs you have completed while incarcerated, would demonstrate that you are continuing to work toward reform. 

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. Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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.