Docket No: 2166-21 

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 4 June 2021.  The names and votes of the panel members will be furnished upon request.  Your request for clemency was 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 U.S. Navy and began a period of active duty on 15 January 1991.  During your active duty processing, previous alcohol related incidents were disclosed by you on DD Form 1966/4.  Despite this disclosure, a waiver was not required.  On 17 January 1991, you signed and acknowledged a drug and alcohol abuse statement of understanding.  On 8 July 1991, you received Non-Judicial Punishment (NJP) for two specifications of underage drinking and for having an open container of alcohol in your vehicle.   
 
On 6 June 1992, you were arrested by  civilian authorities for Driving Under the Influence (DUI) of alcohol or drugs and reckless driving.  You pled guilty to reckless driving in exchange to have the DUI charge dropped.  Subsequently, you were sentenced to a suspended 90-day incarceration at the county jail, a $500.00 fine, your driver’s license was restricted for 90 days, and you were to complete the Naval Alcohol and Drug Education Program (NADSAP) by 13 November 1992.  On 6 July 1992, you were issued a retention Page 13 noting these deficiencies.  
 
On 24 February 1993, you were identified as an alcohol abuser and not alcohol dependent.  You failed NADSAP on 29 April 1993.  On 4 May 1993, you were again arrested by  civil authorities, charged with DUI of alcohol or drugs, and driving with a Blood Alcohol Content of .08%.  The results of the aforementioned civil arrest are unknown due to you being discharged prior to trial.  That arrest was followed by another NJP held on 19 May 1993, for failing to go to your appointed place of duty and for falsifying a medical document. 
 
As a result of your repeated misconduct, on 9 July 1993, you were notified of pending administrative separation by reason of misconduct, and further notified that if separation was approved, your characterization of service could be under Other Than Honorable (OTH) conditions.  You waived your procedural rights, including your right to request an Administrative Board.  Your commanding officer then forwarded your separation package to the separation authority recommending that you be discharged with a General characterization of service.  However, on 28 July 1993, the discharge authority directed your discharge by reason of misconduct with an OTH characterization of service.  On 6 August 1993, you were so discharged. 
 
The Board carefully reviewed your application and 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 desire to upgrade your characterization of service based on your contentions that you would drink a lot when you entered the military, but you have been sober for almost ten years, and assertion that you loved your job and time in service.  The Board further noted that you did not submit advocacy letters or post-service documents to be considered for clemency purposes.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct 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, 
6/15/2021
Executive Director