DEPARTMENT OF THE NAVY 

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

DocketNo. 1567-16 

JAN 25 2017 

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 not filed in a timely manner, the Board found in the interest ofjustice 
to waive the statute oflimitations and consider your case on its merits. A three-member panel of 
the Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 30 September 2016. The names and votes ofthe 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 of this Board. 
Documentary material considered by the Board consisted ofyour 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 Navy and began a period of active duty on 27 July 1987. On 6July1988 you 
were reported as being in an unauthorized absence (UA) status from the 
YourUA terminated by surrender onboard the ship on on 8July1988. On 18 

January 1991, you received nonjudicial punishment (NJP) for the offense offailing to go to your 
place ofduty. Between 4February1991and1May1995, you were given two administrative 
counseling and warnings for deficiencies in your conduct for the offenses offailing to go to your 
place ofduty, indecent acts with another, assault, and failure to obey an order or regulation. On 
27 June 1995, you received a second NJP for wrongfully using marijuana: Following the NJP, 
administrative discharge proceedings were initiated for misconduct due to the commission of a 
serious offense and misconduct due to drug abuse. You elected to consult with counsel and 
submit a written statement in your own defense, but you waived your right to elect an 
administrative board. Subsequently, your Commanding Officer submitted his recommendation 
for your discharge to Chief ofNaval Perso1U1el (PERS-83). The convening authority directed 
your separation and you were discharged on 2 August 1995 with an under other than honorable 
conditions (OTH) discharge, by reason of misconduct and assigned a reenlistment code ofRE-4. 

The Board, in its review ofyour record and application, carefully weighed all potentially 
mitigating factors, such as your contention that you've been a model citizen and a top performer 
on jobs, and that you should receive a discharge upgrade and a restoration ofyour paygrade. 
However, the Board determined that these factors were not sufficient enough to warrant relief in 
your case because ofthe overall seriousness ofyour misconduct while on active duty. The 
Board also noted that you waived your right to present your case to an administrative separation 
board. In doing so, you gave up your first and best opportunity to advocate for retention or a 
more favorable characterization ofservice. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyoµr 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