DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 0842-19 Date: Ref Signature Dear : This letter 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 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 12 February 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 service on 13 February 2006. On 7 September 2007, you were counseled regarding your misconduct, and subsequently, you received NJP for UA and failure to obey a lawful order. On 22 February 2008, you received non-judicial punishment (NJP) for three specifications of unauthorized absence (UA) totaling 42 days, and two specifications of missing ship’s movement. You were discharged on 20 March 2008, with an other than honorable (OTH) characterization of service by reason of misconduct-commission of a serious offense. You petitioned the Naval Discharge Review Board (NDRB) to upgrade your characterization of service, contending that you desired to enlist in the Army, and that upon your discharge from the naval service you were never informed that you would be unable to reenlist. On 31 March 2016, the NDRB determined that your discharge was proper as issued and that no change was warranted. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, all evidence submitted with your application, your contention that you were mistreated during your enlistment, that your punishment was harsh, and that your misconduct was a result of the mistreatment you received. Although your administrative separation documents were not available, the presumption of regularity applies. 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, will presume that they have properly discharged their official duties. Concerning your assertion of mistreatment, there is no indication in the record (and you submitted none) that such problems existed, and if they existed at the time of your service, that were so serious as to excuse you of responsibility for your actions or were sufficiently mitigating to warrant recharacterization. The Board concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge. 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.