DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAV/lJ.. RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
Docket No. 5871-15 
HAY 2 O 2016 



This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 March 2016. Your allegations of error and injusti ce were reviewed in accordance with administrative regulations and procedures applicable to the pr oceedings of this Board. Documentary material considered by the Board consisted of your application , together with all material supmitted in support thereof, your naval record and applicable statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy in June 2008 . On 29 June 2009, non-judicial punishment (NJP) was i mposed on you for an orders violation that also served as the basis for your administrative separation. You were discharged for misconduct on 16 October 2009. Documents related to your misconduct and administrative separation were not in your service record. Subsequent to your discharge, you petitioned· the Naval Discharge Review Board (NDRB) for an upgrade to your characterization of service . . Your request for an upgrade was denied but the NDRB determined that your narrative reason for discharge should have been commission of a serious offense vice pattern of misconduct . 

The Board carefully considered your arguments that you deserve an honorable characterization of service and a disability discharge or retirement. You contend·that your Department of Veterans Affairs service connected disab.ility ratings support such a finding by the Board. In addition, you raise the argument that your di fficulty with the English language caused a misunderstanding that led to your NJP and separation. Unfortunately, the Board did not agree with your rationale for relief. The Board was hampered by the lack of documentation regarding your 2009 misconduct and applied the presumption of regularity of records to determine your NJP and 
administrative separation were in accordance with regulations. The Board applies the presumption of regularity to support the official 
actions of Navy personnel and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties. Your unsubstantiated all~gations that your language problems or mental condition caused your misconduct were not 
sufficient to overcome the presumption in the Board's opinion. 

Furthermore, since you were determined to be properly processed for misconduct, your misconduct processing would have superseded any 
disability processing even if you were unfit for continued naval service due to a disability condition. Accordingly, the Board was 
unable to find an error or injustice warranting a correction to your record and denied your application. Your request for a personal 
appearance before the Board has also been denied~ The Board felt it · had sufficient evidence to make a decision in your case and your 
presence was not required. The names and votes of the members of the panel will be furnished upon request. 

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 evidence within one year from the date of the Board's decision. New evidence is evidence not previously considered by the Board prior to making its decision in this case. In this regard, it is i mportant 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, 

Executive Director 
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