Docket No: 4043-20 
Ref: Signature Date 
 

Dear :  
 
This 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 was 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 5 October 2020.  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 6 December 2001.  On 22 October 2003, you were convicted of driving under the influence in  () District Court.  On 18 November 2003, nonjudicial punishment (NJP) was imposed on you for Unauthorized Absence, and you were issued a retention warning.  Later, you failed Alcohol Abuse Rehabilitation.  Subsequently, administrative separation action by reason of Misconduct - Pattern of Misconduct, Civilian Conviction and Alcohol Abuse Rehabilitation Failure was initiated.   On 24 February 2004, you waived counsel and an administrative board.  Your Commanding Officer recommended you be administratively separated with an Under Other than Honorable Conditions (OTH) discharge.  On 25 February 2004, the Separation Authority directed you be administratively separated with an OTH discharge.  On 8 March 2004, you were administratively separated with an OTH discharge.   
 
You requested an upgrade of your discharge to Honorable.  You stated you pray and hope the Board would notice the time since the original discharge and that the discharge was based solely on personal views.  You also asserted you are not the man perceived 15 years ago.  You also asserted you were told you weren’t a hard worker and couldn’t follow directions.  Finally, you asserted you believe these things could have resulted in a more positive direction.  The Board concluded these factors and assertions were not sufficient to warrant a change to your misconduct, which resulted in NJP and civilian conviction. 
  
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, 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,