Docket No: 


Dear : 

This letter 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 you did not file your application 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      . 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. 

You enlisted in the Navy on        . On , you received nonjudicial punishment (NJP) for disrespect toward a superior petty officer. On    , you received NJP for incapacitated for the performance of duty. On      , you were honorably discharged due to sufficient service for retirement. 

The Board carefully weighed all potentially mitigating factors, such as your desire to remove 
your NJPs and receive back pay from the NJP received on. The Board considered your request to remove your NJPs and receive back pay. However, the Board concluded that you submitted no evidence to support your request, or to show that the NJPs were improperly imposed. The Board noted that you did not exercise your right to appeal the NJPs and concluded that their removal from your record and awarding back pay is unwarranted. 

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. 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.