DEPARTMENT OF THE NAVY 

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

Docket No: 1581-16 

JAN 27 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of title 10 ofthe United States Code, section 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 application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 26 October 2016. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror and iajustice 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. 

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

Regarding your request for a personal appearance, Board regulations state that personal 
appearances before the Board are not granted as a right, but only when the Board determines that 
such an appearance will serve some useful purpose. In your case, the Board determined that a 
personal appearance was not necessary and considered your case based on the evidence of 
record. 

You enlisted in the Navy and begana period of active duty on 23 February 1981. You served for 
six months without disciplinary incident, but during the period from 18 September 1981 to 
4 May 1984, you received nonjudicial punishment (NJP) on two occasions and were convicted 
by summary court-martial (SCM) and special court-martial (SPCM). Your offenses were 
stealing merchandise from the government, damaging government property, damaging military 
property, wrongfully and unlawfully contributing to the delinquency ofminors, failure to obey a 
lawful order, operating a vehicle in a reckless manner, driving at a speed in excess of 75 miles 
per hour, drunk and disorderly conduct on station and wrongful use ofmarijuana. 

Subsequently, you were notified ofpending administrative separation by reason of misconduct 
due to frequent involvement at which time you waived your procedural rights to consult with 
legal counsel and to present your case to an administrative discharge board (ADB). Your 
commanding officer recommended discharge under other than honorable conditions (OTH) by 
reason ofmisconduct due to frequent involvement. The discharge authority approved your 
commanding officer's recommendation and directed separation under other than honorable 
conditions by reason ofmisconduct, and on 18 July 1984, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your contention that ypu were asked if you wanted to get out early and 
that you would be discharged under honorable c~nditions and it would change to honorable after 
six months. Nevertheless, the Board concluded these factors were not sufficient to warrant 
relief in your case because of the seriousness of your repeated misconduct that resulted in two 
NJPs, an SCM and an SPCM. Further, you were given an opportunity to defend your actions, 
but waived your procedural rights. Regarding your contention, the Board found that your record 
contains documentary evidence that is contrary to your assertion that you were asked if you 
wanted to get out early and that you would be discharged under honorable conditions. Finally, 
there is no provision of law or in Navy regulations that allows for recharacterization ofservice 
due solely to the passage oftime. Accordingly, your application has been denied. 

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 and material 
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 your 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