Docket No: 10846-19 
 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 that 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 7 October 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 18 September 1989.  Your record is incomplete, however, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears you submitted a request for discharge by reason of separation in lieu of trial by court martial.  On 3 April 1992, you were discharged with an other than honorable characterization of service by reason of separation in lieu of trial by court martial.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and contention that your discharge was unjust due to racial discrimination you experienced from your command.  You contend you served in desert storm and you cannot get benefits from the Department of Veterans Affairs.  You contend you were accused of stealing a television that you fixed and sold to another Sailor.  The Board noted you did not provide evidence to support your contentions.  The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board concluded there is insufficient evidence to warrant relief in your case. 
 
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. 
 
 Sincerely,