5 U.S.C. 552(b)(6)
JMP 
Docket No: 3188-1 8 

JUN 2 0 2018 

Dear 

5 U.S.C. 
552(b)(6)
: 

This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle I 0, United States Code, Section 1552. After careful and conscientious 
consideration ofthe entire record, the Board found the evidence submitted was insufficient to 
establish the existence of probable material error or injustice. Consequently, your application 
has been denied. 

A three-member panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on I May 2018. The names and votes ofthe members ofthe 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. 

You enlisted in the Navy on I February 2011. On 22 February 2016, you submitted a written 
request for separation in lieu of trial (SILT) by court-martial for violating a lawful order on two 
occasions, making a false official statement, and malingering. Prior to submitting thjs request 
for discharge, you consulted a qualified military lawyer, were advised of your rights, and warned 
ofthe probable adverse consequences ofaccepting such a discharge. Subsequently, your request 
for discharge was granted and on I April 2016, you received an other than honorable discharge 
in lieu oftrial by court-martial. As a result ofthis action, you were spared the stigma ofa courtmartial 
conviction and the potential penalties of a punitive discharge and confinement at hard 
labor. 

The Board carefully weighed all potentially mitigating factors and your contention that you were 
medically retired due to a permanent disability vice administratively discharged. The Board 
noted you were pending medical board action for a possible disability discharge when you 
requested a SILT on 22 February 2016. In accordance with the Military Personnel Manual 
(MILPERSMAN) 1910-216, change 23, dated 16 June 2008, a member who is pending medical 
board action for a possible disability discharge shall be separated when "separated in lieu of trial 
by court-martial". Punitive action takes precedence over medical disability considerations. 
In the end, the Board concluded that you received the correct characterization ofservice and 
narrative reason for separation. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
fn this regard, it is impo11ant to keep in mind that a presumption ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director 

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