DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
               
Docket No:  1921-19 
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 28 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 31 July 2000.  On 20 July 2001, you received nonjudicial punishment (NJP) for having a false or unauthorized pass.  A week later, on 27 July 2001, you received NJP for two orders violations (wrongfully bringing a dangerous weapon on board base and failing to turn in an essay as ordered).  Subsequently, administrative discharge action was initiated to separate you from the naval service by reason of your pattern of misconduct and commission of a serious offense.  On 27 July 2001, your commanding officer (CO) notified you of the administrative separation proceedings.  That same day, you waived your rights to be represented by legal counsel and to have your case heard before an administrative discharge board (ADB).  On 2 August 2001, your CO recommended you be separated with an other than honorable (OTH) characterization of service.  On 3 August 2001, the separation authority concurred with your CO’s recommendation and directed that you be separated with an OTH discharge.  On 21 August 2001, you were so discharged.  On 30 April 2010, the Naval Discharge Review Board (NDRB) denied your petition to upgrade your discharge.  You stated that you were suffering from stress and that your request for a hardship discharge was denied.  The NDRB noted that there was no evidence in the record, nor did you provide any, to indicate that you “attempted to utilize the numerous services available for service members who undergo personal problems,” to include the Chaplain, medical or mental health professionals, the Navy Relief Society, Family Advocacy Programs, or the American Red Cross. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your assertions that the pattern of misconduct was due to your dealing with the terminal illness of your mother, which led you to abuse alcohol and cigarettes.  The Board also considered your assertions that you did not test positive for drugs, “no gun was found” and there was “a lot of hearsay” that you were “targeted” by a fellow service member.  There is no evidence in the record, nor did you provide any, to support your contentions.  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.  Accordingly, the Board concluded that these factors and assertions were insufficient to warrant a change to your discharge given your misconduct, which resulted in two NJPs. 
 
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,