Docket No: 6967-20 
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 14 December 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 10 January 1996.  On 24 May 1996, administrative separation action by reason of Misconduct due to Drug Abuse, was initiated against you.  On 24 May 1996, you waived your right to consult with counsel and your right to an administrative board.  Your commanding officer then forwarded your package to the separation authority recommending you for Entry Level Separation (ELS).  The recommendation was approved, and on 4 June 1996, you were separated from the Navy.   
 
You briefly state in your petition that the “date of separation is an estimate,” and indicate that you are possibly seeking education and health benefits.  The Board in its review concluded that your ELS was issued without error or injustice, and the dates appear to be correct on your Certificate of Discharge or Release from Active Duty (DD Form 214).  Accordingly, corrective action is not warranted.  

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,