Docket No:  1619-19 
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 21 October 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 30 June 1997.  On 1 October 1998, you received nonjudicial punishment (NJP) for wrongful use of a controlled substance.  On 16 October 1998, you were discharged from the naval service with an other than honorable characterization of service and a narrative reason for separation of “misconduct.”   
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your contentions that personal problems overwhelmed you regarding your inability to get your daughter to , and your receipt of court orders and family letters that she was to be made a ward of the state.  The Board also considered your contention that you were proud of your Mediterranean cruise during Navy service as well as your service as a firefighter for eight years.  The Board noted your contention that you asked the Navy for an early discharge and, when it was denied, forced them to discharge you.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP for use of drugs.  Your personal statement to the Board fails to address your NJP for drug use.  Although you contend that you asked the Navy for an early discharge, your service record contains no documentation that you ever requested a hardship or humanitarian discharge, or that either request was denied.  Absent such evidence, the Board relied upon the presumption of regularity that attaches to all official records, and presumed that the officials acted in accordance with governing law and policy, and in good faith.  Moreover, characterization of one’s service as “other than honorable” is generally warranted for misconduct.  Accordingly, the Board, in its review, discerned no probable material error or injustice in the discharge.   
 
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.