Docket No. 5776-19 
Ref: Signature Date 

From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy 
 
Subj:   REVIEW OF NAVAL RECORD OF   
 
 
Ref:    (a) 10 U.S.C. § 1552 
 
Encl:   (1) DD Form 149 with attachments 
(2) Subject’s naval record (excerpts) 
 
1.  Pursuant to the provisions of the reference, Petitioner, a former enlisted member of the Navy, filed enclosure (1) with this Board requesting that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to upgrade his characterization of service to honorable.  Additionally, he requests correction to the spelling of his name on his DD Form 214.  
 
2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 29 July 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of Petitioner’s naval records, and applicable statutes, regulations, and policies. 
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner’s allegations of error and injustice finds as follows: 
 
     a.  Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. 
 
     b.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to waive the statute of limitation and review the application on its merits. 
 
     c.  Petitioner enlisted in the Navy on 1 March 1985.  During Petitioner’s service in the navy, he received nonjudicial punishment on four occasions and received two written counseling/warning documents concerning his performance.  His final nonjudicial punishment was for use of marijuana.  Thereafter, he was provided notification of the commencement of administrative separation processing, and he waived his right to an administrative discharge board.  He was discharged on 13 September 1988 with an other than honorable (OTH) characterization of service by reason of misconduct due to drug abuse. 
 
     d.  Petitioner contends that his discharge was due to his alcohol use, which was done ashore and off-duty.  He further contends that no determination was made concerning the frequency of his abuse or whether he was dependent.  Naval records demonstrate that, prior to his discharge, he was evaluated by a medical doctor, who found that Petitioner was not psychologically or physiologically dependent on drugs or alcohol, and that Petitioner used drugs and alcohol recreationally.   
 
 e.  Petitioner also contends that his first name, , is spelled improperly on his DD Form 214 as “” – with two “t’s.”  His service records demonstrate that his contention is correct.   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants partial relief.  In regard to Petitioner’s request for an upgrade of his characterization of service, the Board considered Petitioner’s contentions, however, it concluded these factors were insufficient to warrant relief.  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.  Here, Petitioner’s characterization of service is consistent with his performance while on active duty. 
 
Further, the Board determined that Petitioner’s record shall be corrected to reflect the proper spelling of his first name, as noted below in the recommendation. 
 
In view of the foregoing, the Board finds the existence of an error warranting the following corrective action: 
 
RECOMMENDATION: 
 
Petitioner’s naval record be corrected to reflect the proper spelling of his first name.  Specifically, Petitioner should be issued a DD Form 215 correcting the spelling of his first name as “” and not “.” 
 
No further changes be made to Petitioner’s record. 
 
A copy of this report of proceedings be filed in Petitioner’s naval record. 
 
Upon request, the Department of Veterans Affairs be informed that Petitioner’s application was received by the Board on 6 June 2019. 
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above-entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)), and  
  
having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of the reference, has been approved by the Board on behalf of the Secretary of the Navy.