Docket No: 3158-18 
Ref: Signature date 
 
Dear : 
 
This letter 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 has been denied. 
 
Although you did not file your application 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 8 April 2019.  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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 22 September 1999.  On 1 August 2000, you received non-judicial punishment (NJP) for unauthorized absence, failure to obey a lawful order, disrespect towards a superior officer and petty officer, and drunk and disorderly conduct.  Three weeks later, on 21 August 2000, you received a second NJP or wrongful use and possession of a controlled substance.  On 1 September 2000, you were discharged under other than honorable (OTH) conditions for misconduct due to commission of a serious offense. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, your desire to upgrade your discharge, and contention that your separation was based on a disagreement.  The Board noted that you provided no evidence to support your contention.  Although your service record did not contain your administrative discharge documentation, based upon the information contained on your Certificate or Release or Discharge from Active Duty (DD Form 214), you were administrative separated after waiving your right to an administrative discharge board.  Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  Additionally, the Board concluded there was insufficient reason to upgrade your discharge given your misconduct which resulted in two NJPs, one of which was for the commission of a serious offense. 
 
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,