DEPARTMENT OF THE NAVY 

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

Docket No: 1854-16 

JAN 31 2017 

Dear : 

This is in reference to your applicailon 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 9 November 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 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. 

You enlisted in the Navy and began a period ofactive duty on 5 March 1968. On 11 February 
1969 and 15 May 1971, you received nonjudicial punishment (NJP) on two different occasions 
for the wrongful appropriation ofa government vehicle, unlawful use ofa government vehicle, 
failure to go to your appointed place ofduty and failure to obey an order or regulation. On 24 
November 1970, you were convicted by civilian authorities ofobstruction ofmail under Title 18, 
Section 1701, U.S.C. Subsequently, you were notified ofadministrative separation, at which 
time you elected your right to consult with counsel. The commanding officer recommended 
administrative separation by reason of civilian conviction with an honorable discharge. The 
discharge authority approved this recommendation for separation, but directed discharge with a 
general discharge. On 19 August 1971, you were so discharged with a general discharge. 

The Board, in its review ofyour record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your characterization ofservice and your 
assertion that you received an early out for school. The Board noted that your service record did 
not reflect your assertion that you were discharge for school. The Board concluded these factors 
were not sufficient to warrant relief in your case given your misconduct. In this regard, the 
Board concluded the seriousness ofyour misconduct, outweighed your desire to upgrade your 
discharge. 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 ofan official naval record, the burden is on the 
applicant to demonstrate re existence ofprobable material error or injustice. I 

Sincerely, 


Executive Director