Docket No:  2681-19 
Ref: Signature date 

Dear  
 
This is in reference to your application of 14 February 2019 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 12 November 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 5 August 1999.  Your record is incomplete in that it does not contain all of the documents pertaining to one of you non-judicial punishments or your administrative discharge.  On 19 February 2002, you received non-judicial punishment (NJP).  On 17 January 2003, you received a second NJP for failure to obey an order and communicating a threat.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that administrative action to separate you from the naval service was initiated by reason of a pattern of misconduct.  On 21 February 2003, you were separated with an other than honorable characterization of service. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and the four letters of support you submitted.  Additionally, the Board considered the letter of commendation you received for superior performance at boot camp.  Although you record is incomplete, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to rebut the presumption, to include evidence submitted by the Petitioner, the Board presumes that you were properly discharged from the Navy with a OTH characterization of service for a pattern of misconduct.  The Board concluded that your mitigating factors and letters were not sufficient 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.