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

Docket No: 2212-18
Ref: Signature Date 

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 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 April 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on, based on your 
certificate of release or discharge from active duty (DD Form 214), you received an honorable discharged on 1, due to a “Physical disability-resulting from intentional misconduct or willful neglect, to not entitled to receive severance pay). 

The Board carefully weighed all potentially mitigating factors, such as your record of service, desire to have the reason for your discharge removed from your DD 214, as well as your narrative statement about how your automobile accident happened when you were assisting another Sailor. The Board also considered your contentions that you were exhausted, fell asleep, and your friend ran off and caught a bus, that you feel what happened was in no way international misconduct or willful neglect on your part, and the main reason for the accident was exhaustion. The Board concluded these factors and contentions were not sufficient to warrant a change to the reason you were discharged. The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the 
contrary, will presume that they have properly discharged their official duties. Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Navy, however you provided no additional evidence to support your contentions. Absent such evidence, the Board relied upon the presumption of regularity. 

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. 

Sincerely,

7/15/2019
Executive Director