Docket No:  0366-19 
Ref: Signature date 

Dear  
 
This is in reference to your application of 27 November 2018 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 that 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 30 September 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, 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 and began a period of active duty on 11 March 1997.  On 8 January 1998, you received non-judicial punishment (NJP) for provoking speech and gestures.  On 16 June 1999, administrative discharge action was executed by reason of misconduct.  You were separated with an other than honorable characterization of service on 16 June 1999. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you served your country honorably and with pride, and you always will be proud of the time you served in the United States Navy.  The Board also considered your contentions that you are a self-sufficient productive citizen, married with 4 children, and a family man that works, while attending and serving your church.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct.  The Board noted the many discrepancies between the DD 214 in your Official Military Personnel File and the DD 214 you proffered to the Board.  The Board relied on a presumption of regularity, and, in the absence of substantial evidence to the contrary, will presume that the documents found in the official record are correct. 
 
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 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.