DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 
RJO Docket No. 8291-15 
MAY 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. Your case was reconsidered in accordance with procedures that conform to Lipsman v. Secretary of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004). You were previously denied relief by this Board on 19 June 1974. 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 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. However, after careful and conscientious consideration of the entire record, the Board determined your case does not warrant relief. Accordingly, your request has been denied. The names and votes of the members of the panel will be furnished upon request. 
A review of your record shows that you entered active duty with the Navy on 17 January 1969. On 14 March 1969, non-judicial punishment was imposed on you for two periods of unauthorized absence and two orders violations. On 26 March 1969, you requested a hardship discharge that was returned by Bureau of Naval Personnel (BUPERS) since it was not processed through your chain of command. You were convicted at two special courts-martial (SPCM) for unauthorized absence on 19 June 1969 and 7 October 1969 before your command submitted a hardship discharge request on 10 October 1969; a request that was ultimately denied by BUPERS. You were convicted by another SPCM on 23 April 1970 and awarded a bad conduct discharge (BCD) . On 31 August 1970, you were discharged pursuant to your SPCM sentence. You applied to the Naval Discharge Review Board and were denied relief on 17 May 1971 before being denied relief by this Board in 1974. 
Docket No. 8291-15 
The Board carefully considered your arguments that you were suffering from a disability and deserved a hardship discharge. Unfortunately, the Board did not agree with your rationale for relief. First, there is no evidence that you were unfit for continued naval service due to a disability. While you were diagnosed with emotional instability personality on 30 June 1970, this condition does not qualify for a disability discharge. Second, you were awarded a punitive discharge. This would have superseded any disability processing even if you possessed a qualifying disability. Finally, t he Board determined you were properly denied a hardship discharged based on your multiple incidents of misconduct. 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 t aken. 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 consider ed 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 regularity attaches to. all official records . Consequently, when applying for a correction of an official naval record, t he burden is on the applicant to demonstrate the existence of probabl e material error or injustice. 
Sincerely, 
. . -· 
Executive Director 
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