Docket No: 4995-19 
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 1 July 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 7 December 1989.  On 15 May 1990, you received non-judicial punishment (NJP) for wrongful use of marijuana.  On 27 February 1992, you received your second NJP for disobedience of a lawful order.  On 3 April 1992, you received your third NJP for wrongful use of marijuana.  Although your administrative separation documentation is not in your service record, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), you were discharged on 22 April 1992, with an other than honorable (OTH) characterization of service by reason of misconduct due to frequent involvement of a discreditable nature with military authorities.  On 22 October 2008, the Board granted you relief by changing your characterization of service from other than honorable (OTH) conditions to general (under honorable conditions). 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and that your component be changed to the U.S. Navy.  The Board considered your personal statement, including your contentions that it has been 30 years since your tenure in the Navy, and that you have not engaged in any unlawful conduct since that time.  You further contend that another individual has the same social security number (SSN) as you, and that this individual is in the Army.  The Board commends you on your post service conduct, however, concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your repeated misconduct that resulted in three NJPs, which included wrongful drug use on multiple occasions. 
 
The Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary (as is the case at present), will presume that they have properly discharged their official duties.  Further, the Board noted that your characterization of service was changed to a general (under honorable conditions) as a matter of clemency, and concluded that recharacterization to an honorable characterization of service is not warranted. 
 
With regard to your contention concerning your SSN, the record shows that this was the SSN under which you served, there is no other evidence in the record that another individual is using or has used your SSN.  Additionally, your Certificate of Release or Discharge from Active Duty (DD Form 214) annotates your component as U.S. Navy (USN). 
 
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,