Docket No: 0355-19 
Ref: Signature Date 

  
Dear : 
 
This is in reference to your application of 13 November 2018 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 4 March 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 26 April 1971.  On 21 November 1972, you received non-judicial punishment (NJP) for drunk and disorderly conduct, and resisting lawful apprehension by an armed forces police officer.  On 20 July 1973, you received your second NJP for violating a lawful general regulation.  On 5 November 1973, you received your third NJP for eight specifications of insubordinate conduct and resisting apprehension with violence.  On 12 March 1974, you received your fourth NJP for breach of peace, willful disobedience of a lawful order and resisting lawful apprehension.  Subsequently, on 12 April 1974, you were discharged with an honorable character of service and transferred to the Naval Reserve.  On 14 March 1977, you were discharged from the Naval Reserve with an honorable characterization of service by reason of convenience of the government. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to have your Certificate of Release from Active Duty (DD Form 214) reflect a Military Occupational Specialty (MOS) Code of “Fire Fighter.”  The Board considered your contention that you were assigned to the Naval Air Station (NAS)  Fire Department from 1971 to 1973.  The Board concluded that these factors were insufficient to warrant relief in your case because there is no evidence in your record that you attained an MOS code for “fire fighter.”  In the absence of such evidence, the Board concluded no changes were warranted to your service record. 
 
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,