Docket No: 9480-19
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 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 7 October 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. 
 
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 issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy on 19 September 1975.  On 8 April 1977, you received non-judicial punishment (NJP) for an unauthorized absence (UA) totaling 17 days.  On 25 May 1978, a Summary Court-Martial convicted you of UA totaling 283.  On 14 March 1979, you received NJP for two days of UA.  On 30 June 1980, a Special Court-Martial convicted of UA totaling 373 days.  You were sentenced to confinement for 45 days, reduction to E-1, and a bad conduct discharge (BCD).  In addition, during the period from 11 to 13 August 1980, you were once again in a UA status.  On 22 June 1982, after your BCD was approved at all levels of review, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, contentions that the Navy knew you were suffering from alcoholism and never offered rehabilitation or counseling, alcoholism clouded your judgement, and your parents and stepparents suffered from alcoholism and drug abuse.  The Board also noted your assertion that while on active duty, you served honestly, faithfully, and took your duties and accomplishments seriously.  Finally, the Board noted your assertions that since discharge, you received help with your alcoholism and never used alcohol, drugs, or tobacco again, and you have been a counselor and mentor to young Native Americans on the danger of using drugs and alcohol.   
 
The Board noted that there is no evidence in your record, and you submitted none, to support you suffered from alcoholism while serving in the Navy.  The Board also noted that while your post service conduct is commendable, it does not outweigh your misconduct that resulted in two NJPs, two court-martial convictions, and BCD.   
 
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,