Docket No: 5589-19 
Ref:  Signature Date 
 
MR 
 
Dear Mr. : 
 
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  
16 October 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. 
  
On 9 September 1974, you were honorably discharged from Navy.  During your service, you used the name “.”  On 8 March 1982, your name was legally changed to ,” by the . 
 
Unfortunately, the Board is only authorized to consider applications for name changes to a Petitioner’s Certificate of Discharge or Release from Active Duty (DD Form 214) to correct an error or an injustice.  As your military record now stands, there are no material errors with your legal name as reflected during your naval service and at discharge.  Because a DD Form 214 is not a “living” document that is updated with subsequent post-service name changes, and given that your name at the time of your enlistment and discharge from the Navy was “ ,” the Board did not find evidence of an error or injustice that warrants changing your DD Form 214 to reflect your current post-discharge legal name.     
 
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 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,