Docket No: 6542-19 
Ref: Signature Date   
 
 
 
Dear : 
 
This is in reference to your application of 19 June 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 2 December 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 12 September 1996.  On 22 May 1997, you received non-judicial punishment (NJP) for failure to obey a lawful order.  You were awarded restriction and counseled that failure to take corrective action may result in administrative separation or judicial proceedings.  On 27 September 1997, you received a second NJP for unauthorized absence (UA) and disobedience of a master chief petty officer.  You were awarded restriction and extra duties.  Subsequently, administrative action was initiated to separate you from the naval service and on 18 November 1997, you were counseled that you were not recommended for reenlistment due to misconduct.  On 2 December 1997, you were discharged with a general (under honorable conditions) characterization of service. 
 
You request the Board upgrade your discharge to honorable.  You assert you recently sought your DD Form 214 and realized that you had a general discharge.  You claim:  “I was not given proper counsel for my accusations being so young at that time.  My misconduct was never addressed properly by the CO.  It does not state actual events that took place to account for determination of discharge.” 

The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions and concluded these factors were not sufficient to warrant a change to your discharge given your misconduct that resulted in two NJPs, one after you had been warned about the possibility of administrative separation.  Your original service record was incomplete and did not contain any documentation pertaining to your separation from the Navy.  The Board noted that you provided no evidence to support your contentions.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith in accordance with governing law and policy.  Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 
 
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.