Docket No: 419-20            
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 28 September 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. 
 
Regarding your request for a personal appearance, Board regulations state that personal appearances before the Board are not granted as a right, but only when the Board determines that such an appearance will serve some useful purpose.  In your case, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
  
You enlisted in the Navy and began a period of active duty on 5 September 2003.  On 16 June 2005, nonjudicial punishment (NJP) was imposed on you for two specification of Failure to Obey a Lawful Order or Regulation, and you were issued a retention warning.  On 16 December 2005, you completed Level 2 alcohol rehabilitation.  Among the terms of completion were one year of aftercare, and administrative separation if a second alcohol related incident occurred.  On 3 May 2006, NJP was imposed on you for Failure to Obey Lawful Order or Regulation and Dishonorable Failure to Pay Debts.  Subsequently, administrative separation action was initiated against you by reason of Misconduct due to a pattern of misconduct.  On 4 May 2006, you waived counsel and an administrative board.  On 9 May 2006, your Commanding Officer (CO) recommended you be administratively separated with an Other than Honorable (OTH) characterization of service.  On 14 May 2006, the Separation Authority directed you be administratively separated with an OTH characterization of service.  On 26 May 2006, you were administratively separated.  On 20 August 2014, the Naval Discharge Review Board denied you an upgrade on your discharge.   
 
You requested an upgrade of your discharge to General.  You stated you completed three and one-half years of active duty with one incident.  It was abrupt and unjust.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in two NJPs. 
  
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,