DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No, 7520-15 
HAY 2 0 2016 
 
Dear 
This is in reference to your application for correction of your naval record pursuant to the provisions of 10 USC 1552. 
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 case on its merits. A three-member panel of the Board for Correction of Naval Records, sitting in executiv_e session, considered your application on 22 April 2016. 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, your naval record and applicable statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy in July 2001. Non-judicial punishment was imposed on you on 9 May 2033 and 23 January 2004. Your misconduct resulted in your administrative separation on 9 April 2004 with an Other than Honorable characterization of service. On 15 December 2005, your request for an discharge upgrade to the Naval Discharge Review Board was denied. 

The Board carefully considered your arguments that you deserve either a medical discharge or an upgrade to a General characterization of service. You contend that you suffered from motion sickness that prevented you from performing your duties in the Navy. You also provided character statements that show that you have been successfully working at a local soup kitchen and homeless shelter for approximately four years and six months at the time of your application. Unfortunately, the Board was unable to grant relief in your case. There is no evidence in your record to support that you were unfit for continued naval service due to motion sickness. The Board noted that you complained of motion sickness in January 2004 but there was no evidence that it created an occupational impairment to warrant a referral to a medical board. In addition,' you were administratively separated due to misconduct. In accordance with the regulations, misconduct processing would have superseded any disabilit y processing even if you possessed a disability warranting referral to the disability evaluation system. Accordingly, the Board was unable to find an error or injustice warranting a correction to your record and denied your application. 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 decisi on upon submi ssion of new evidence within on~ 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 important to keep in mind that a presumption of ~egularity 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