DEPARTMENT OF THE NAVY 

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

DocketNo: 1615-16 
FEB 05 2017 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 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 oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 2 November 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 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 the evidence 
submitted was insufficient to establish the existence ofprobable material" error or injustice. 

The Board noted that the available records appeared to be incomplete and they did not have 
access to all of your separation paperwork. Ofthe available records, it was noted that you 
enlisted in the Navy and began a period of active duty on 18 August 1981. It appears you 
submitted a written request for an other than honorable (OTH) characterization ofservice 
discharge in order to avoid trial by court-martial. Prior to submitting this request, you would 
have conferred with qualified military counsel and been advised ofyour rights and warned of the 
probable adverse consequences of accepting such a discharge. Your request was granted and on 
14 December 1983, you were discharged with an OTH characterization ofservice. 

The Board, in its review of your record and application, carefully weighed all potentially 
mitigating factors, such as your contention that you have learned many life lessons in the Navy 
and also since your discharge, and feel that you are fully capable ofcontributing to society in a 
meaningful way. However, the board concluded these factors were not sufficient to warrant 
relief in your case given the seriousness ofyour misconduct which resulted in your request for 
discharge. The Board believed that considerable clemency was extended to you when your 
request for discharge was approved because, by this action, you were spared the stigma ofa 
court-martial conviction and the potential penalties ofconfinement at hard labor and a punitive 
discharge. The Board further concluded that you received the benefit ofyour bargain with the 
Navy when your request for discharge was granted and should not be permitted to change it now. 
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 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 of an official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director