DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON. VA 22204-2490 

Docket No. 1249-16 
JAN 25 2017 

Dear 

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

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 23 September 2016. The names and votes of the members ofthe 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
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. 

After careful and conscientious consideration ofthe entire record, the Board found that the 
evidence submitted was insufficient to establish the existence ofprobable material error or 
injustice. 

You enlisted in the United States Navy and began a period of active duty on 9 September 1985. 
Between the periods of 14 September 1985 and 2 August 1993, you were given a total offive 
counseling and warning for failure to demonstrate the requirements for fourth class swimmer, 
drunk and disorderly, resisting apprehension, assault and using vulgar language, failure to 
demonstrate proper respect towards commissioned officers, driving under the influence, and 
failing to provide adequate family support. Between the periods of8 December 1987 and 
8 October 1993, you received five separate nonjudicial punishments (NJP) for offenses including 
unauthorized absence (UA) twice, drunk and disorderly, resisting apprehension, assault, 
inflammatory language, disrespect to a superior commissioned officer, and failure to obey order 
or regulation. On 8 October 1993, at your NJP hearing for another UA, your Commanding 
Officer vacated your reduction in rate to E-4 he suspended at your NJP held on 20 August 1993, 
and subsequently awarded you 30 days restriction, and a suspended reduction in rate to E-3. 
Later that same day, you broke restriction and were declared a deserter. On 8 November 1993, 
deserter message was released. On 7 February 1994, you surrendered yourself over to military 
authorities to terminate your UA status. On 8 February 1994, your Commanding Officer vacated 
your suspended reduction in rate to E-3. 

On 6 April 1994, you were convicted by a special court-martial (SPCM) for the offenses of UA 
and breaking restriction. On 7 July 1994, your Commanding Officer notified you that you were 
being considered for an administrative separation by reason ofmisconduct due to the 
commission of a serious offense and a pattern ofmisconduct. On 13 July 1994, you signed your 
statement ofawareness acknowledging that you had consulted with counsel and requested an 
administrative discharge board (ADB). The ADB recommended found that you committed 
misconduct and that you be separated with an other than honorable discharge (OTH). The 
Commanding Officer concurred with the ADB and recommended an OTH discharge. On 21 
December 1994 you were discharged with an under OTH characterization ofservice. 

The Board, in its review ofyobr record and application, carefully weighed all potentially 
mitigating factors, such as your contention that "I met my wife who is from the Philippines. We 
had our daughter, before we were married. Our marriage had some difficulties ...That's 
when personal issues with myself and the military started. I started losing focus due to the stress 
ofraising a child at a young age and being deployed and dealing with immigration and visa for 
my soon to be wife .. .I feel based on evidence provided and enclosed my discharge was 
inequitable and improper." However, the Board concluded that these factors were not sufficient 
to warrant recharacterization ofyour discharge given the cumulative seriousness ofyour 
pattern ofmisconduct which culminated in a SPCM conviction. The Board determined that to 
recharacterize your service to honorable would be a disservice to those who have served 
honorably and completed their enlistments without any disciplinary actions. The Board further 
found that you had the opportunity during your ADB to present any evidence you had to negate 
the basis ofdischarge and to also argue for retention and/or a more favorable characterization of 
discharge at that time. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew evidence 
within one year from the date ofthe 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 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