Docket No: 2236-21 
Ref: Signature Date 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  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 7 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, and 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 service on 14 December 1984.  You were counseled on 4 May 1985 and 11 May 1985 regarding your poor military performance.  From the period beginning on 15 May 1985 to 7 February 1986 you received non-judicial punishment (NJP) on three occasions for the following offense:  possession and consumption of alcohol while underage, urinating on a passage way and in your roommates locker, unauthorized absence, disrespect in language toward your superior petty officer, disobeying a lawful order, wrongful possession of a controlled substance, two specifications of wrongful use of a controlled substance, and wrongful possession of an unauthorized military identification card.  On 24 February 1986, you underwent a medical evaluation and you were determined to be psychologically dependent on alcohol.  On the same day, you declined to participate in a 30-day inpatient treatment program for alcohol/drug abuse provided by the Veterans Administration Hospital nearest to your home of record.  Subsequently, you were notified of the initiation of administrative separation proceedings by reason of misconduct due to drug abuse, misconduct due to the commission of a serious offense, and misconduct due to pattern of misconduct.  You waived your right to consult with counsel and to have your case reviewed by an administrative discharge board.  25 February 1986, your commanding officer recommended your discharge from naval service, with an other than honorable (OTH) characterization of service.  On 9 March 1986, the discharge authority approved and directed your separation from the naval service with an OTH characterization of service by reason of misconduct due to drug abuse.  On 19 March 1986, you received your fourth NJP for assault, and drunk and disorderly conduct.  On the same day, you were discharged as directed by the discharge authority.  
 
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 desire to upgrade your discharge and contention your discharge was inequitable.  You contend that your addiction to drugs and alcohol were never addressed by the Navy.  You further contend an upgrade will allow you to receive veteran’s assistance during your incarceration.  The Board noted your repeated misconduct to which you were counseled, and which resulted in four NJPs.  Additionally, the Board noted your declination of treatment for your addiction to drugs and alcohol.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the severity of your repeated misconduct.  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 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, 

5/18/2021
Executive Director