DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1453-21 
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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 14 May 2021. The names and votes of the panel members 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 the 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, applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 

You enlisted in the Navy and began a period of active duty on 9 November 1987. On 6 December 1987, you were counseled for drunken and reckless driving. Subsequently, you were advised that failure to take corrective action could result in the initiation of administrative separation proceedings. On 4 February 1997, you were admitted to the Substance Abuse Rehabilitation Department due to alcohol dependency. On 28 February 1997, you were released from the Substance Abuse Rehabilitation Department and diagnosed with alcohol dependence in remission. On 5 March 1997, your commanding officer (CO) was notified of the successful completion of your treatment and you were restored to full duty. On 13 April 1997, you received non judicial punishment (NJP) for wrongful use of a controlled substance-amphetamine. On 27 April 1997, you were notified of the initiation of separation proceedings by reason of misconduct due to pattern of misconduct, and alcohol rehabilitation failure. On 2 May 1997, you elected to waive all your procedural rights. On 11 May 1997, your CO recommended an other than honorable discharge (OTH) by reason of pattern of misconduct due to drug abuse, and alcohol rehabilitation failure. On 15 May 1997, the discharge authority ordered an OTH discharge by reason of misconduct due to drug abuse, and misconduct due to pattern of misconduct due to alcohol rehabilitation failure. On 3 June 1997, you were discharged. 

The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to, your contentions that you were experiencing a significant amount of stress attributed to extremely long hours of work and you were going through issues in your personal life. The Board also noted that you submitted a letter from your sister to be considered. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated misconduct, as evidenced by your NJP, outweighed these mitigating factors. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 

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, 
5/26/2021 

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