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 You served without disciplinary incident until when you received nonjudicial punishment for an unauthorized absence, insubordinate conduct, and failure to obey order or regulation. For the reporting period of you received an individual trait average of 1.33 on your Evaluation Report & Counseling Record, were considered a “significant problem” and not recommended for retention. Your record does not contain the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after being afforded your rights with respect to administrative separation, the separation authority directed that you be separation with a general (under honorable conditions) discharge by reason of misconduct due to pattern of misconduct. You were discharged on with a general (under honorable conditions) discharge. The Board carefully weighed all potentially mitigating factors and your contention that you were informed that your characterization of service would be upgraded to honorable after six months. The Board also considered your statement that you “have been fighting for education benefits for the last 11 years and need help.” The Board, noting you did not provide any supporting documentation with your request, discerned no error or unjustice in your discharge. Further, there is no provision of law or in Navy regulation that allows for recharacterization of service due solely to the passage of time. 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.