DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2099-16 Dear This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle 10 ofthe United States Code, section 1552. Although your application was not filed in a timely manner, the Board found it in the interest of justice to waive the statute oflimitations and consider your application on its merits. A threemember panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 3 January 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings ofthis Board. Documentary material considered by the Board consisted ofyour application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. You enlisted in the Navy and began a period of active duty on 25 September 1989. On 11 January 1991, you received nonjudicial punishment (NJP) for wrongful use ofmarijuana, unauthorized absence (UA) for 51 days, and missing ship's movement. Subsequently, you were notified of pending administrative separation action by reason ofmisconduct due to drug abuse. After you waived your procedural rights, your commanding officer recommended discharge under other than honorable (OTH) conditions by reason ofmisconduct due to drug abuse. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason ofmisconduct. On 30 January 1991, you were so discharged. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence ofprobable material error or injustice. The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and assertion that your "Date Entered Active Duty (Block 12a)" is incorrect on your Certificate ofRelease or Discharge from Active Duty (DD Form 214). The Board concluded these factors were not sufficient to warrant rellef in your case given your misconduct and drug abuse. Accordingly, your application has been denied. Regarding your assertion that your "Date Entered Active Duty (Block 12a)"is incorrect on you DD From 214. A review ofyour Official Military Personnel File (OMPF) shows that your "Date Entered Active Duty (Block 12a)" is correctly stated on your DD Form 214. There is no evidence in the record, and you provided none, to support your assertion that your "Date Entered Active Duty (Block 12a)"is incorrect on your DD Form 214. Finally, the Board noted that ifyou possess documentation that shows your "Date Entered Active Duty (Block 12a)"is incorrect and contradictory to your official military record, you may request reconsideration for the change. It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission ofnew and material evidence. New evidence is evidence not previously 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 ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director