Docket No: Ref: Signature Date Dear This is in reference to your application for correction of your naval record pursuant to the provisions of 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 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 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 The record reflects you changed rating from . On you received non-judicial punishment (NJP) for an unauthorized absence totaling 29 days and you were awarded the punishment of forfeiture of pay and 20 days restriction. On you received your second NJP for two instances of unauthorized absence and you were awarded the punishment of reduction in paygrade to E-1, forfeiture of pay, and 20 days restriction. Subsequently, you were notified of the initiation of administrative separation processing and waived your right to consult with legal counsel. The commanding officer (CO) recommended that you be discharged. Pursuant to the directive of the discharge authority, on you were discharged with a general (under honorable conditions) character of service. On Naval Discharge Review Board (NDRB) upgraded the character of your discharge to honorable conditions. The Board carefully weighed all potentially mitigating factors, such as your desire to correct your DD 214 to reflect that your rate was with the paygrade of E-3 at the time of your discharge. The Board also considered your contention that you were unfairly reduced in rate to instead of being made an ; you were given a psychiatric discharge and thrown out, instead of receiving medical help, you were pushed out. The Board concluded that these factors were not sufficient to warrant relief. The Board noted on you changed rating from On at your second NJP, you were reduced in rate to Additionally, there is no evidence in your record that you achieved the rate of . Further, there is no evidence in your record and you did not present any evidence to support your contention that you should have been discharged at the rate of After a thorough review of the facts and circumstances unique to your case, the Board discerned no impropriety or inequity in the discharge action that would warrant a change in your characterization of service. 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.