DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4606-21 Ref: Signature Date Dear Petitioner: 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 29 September 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 duty on 10 July 1963. During the period from 31 July 1964 to 27 January 1965, you received four instances of non-judicial punishment (NJP). Your offenses were unauthorized absence, failure to obey a lawful regulation on two occasions, disorderly conduct on two occasions, and being wrongfully out of uniform. On 10 February 1965, you were convicted by special court-martial (SPCM) of drunk and disorderly conduct, wrongfully resisting apprehension and assault. During the period from 30 July 1965 to 12 August 1966, you again received four instances of NJP. Your offenses were unauthorized absence on two occasions, violation of a lawful regulation by hitchhiking, violation of a lawful regulation by having insufficient funds to return to the ship, loss or destruction of government property by losing your identification and liberty card, while being posted as a lookout found off your assigned post, assault, drunk and disorderly, resisting lawful apprehension, two specifications of breach of peace, and disobedience of a lawful order. On 2 June 1967, at the expiration of your active service, you were discharged from the Navy with a general (under honorable conditions) character of service and transferred to the Naval Reserve (USNR). 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 character of service. The Board also considered your contentions that: 1) you were not treated for alcoholism, which led to your dependence of alcohol to deal with the stressors of the military; and 2) your discharge was blemished because of one event and after the incident, you served the rest of your tenure in the military honorably. The Board noted you did not submit any documentation or advocacy letters to be considered by the board in support of your petition. Additionally, characterization of service is based in part on conduct marks assigned on a periodic basis. Your conduct mark average was 2.20. At the time of your service, a conduct mark average of 3.0 was required to be considered for a fully honorable characterization of service. 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 eight NJPs and a SPCM conviction, outweighed these mitigating factors. Additionally, regulatory guidelines state that a command is under no obligation to send a service member to alcohol rehabilitation treatment unless it was determined, by a competent medical authority, that the service member is alcohol dependent. There is no documentation in the record that shows you were alcohol dependent, nor you sought treatment for alcoholism. 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. 10/17/2021 Sincerely, Executive Director