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

Docket No: 4270-19 
Ref: Signature date 

Dear

This 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 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, 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 13 March 2000.  On 27 February 2002, you received nonjudicial punishment (NJP) for three specifications of Insubordination towards a Senior Chief Petty Officer.  Subsequently, administrative discharge action was initiated by reason of Misconduct due to Commission of a Serious Offense.  On 15 March 2002, you consulted counsel.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  You received a General discharge on 22 March 2002.  On 17 February 2017, the Board changed the narrative reason for administrative separation to Secretarial Authority.
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and change your reentry code and assertions there was an injustice and error in your processing out of the military.  The Board also considered your assertions that you were not allowed any treatment, you were inebriated at the time from medication, and “other things happened as well.” The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in NJP.  The Board noted you provided no evidence of the other things that happened nor of the inebriation. 

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,