DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 3837-19 
Ref: Signature date 


This is in reference to your application of 2 April 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 25 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, 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 23 February 1999.  On 19 January 2001, you began a 33-day unauthorized absence.  On 23 February 2001, you began a 12-day unauthorized absence.  On 8 March 2001, you received non-judicial punishment (NJP) for your unauthorized absences, and wrongful use, and possession of cocaine.  Subsequently, administrative discharge action was initiated and you were administratively separated, on 22 February 2002, from the Navy with an under other than honorable characterization of service. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and change the narrative reason and your assertions that there was a substantial number of errors in your DD 214: namely the gender, date of birth, address, discharge in absentia, character of discharge, separation authority, separation code, reentry code and narrative reason for separation and dates.  Although your complete administrative separation documentation was not included in your record, based on your DD Form 214, you were discharged with an other than honorable characterization of service by reason of misconduct, RE-4 reentry code and separation code “KKK.” 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 an OTH for your misconduct. The Board concluded that facts of your case and the material you submitted were insufficient to establish the existence of material error or injustice. The Board reviewed your personnel records and noted that administrative errors regarding your gender, date of birth, address, separation authority or dates of processing may be 			.

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,