DEPARTMENT OF THE NAVY 

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

Docket No: 0197-16 
JAN 0 3 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 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 28 September 2016. The names and votes ofthe members of the 
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 of the 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 25 April 1994. Based on the 
information contained in your record, on 12 December 1995, you received nonjudicial  
punishment (NJP) while stationed on board the . Although, your 
record is incomplete, it appears that on 17 March 1997, you were arrested by civil authorities, 
placed in the custody ofthe     Police Department, and charged with felonious 
assault and three (3) counts ofrobbery. Because ofyou being charged and held by civil 
authorities for these offenses, y011 were in an unauthorized absence (UA) status with the Navy 
for a period of36 days. 

Your record also shows that you were processed for administrative separation by reason of 
misconduct due to commission of a serious offense. In connection with this processing, you 
would have been notified of, and acknowledged the separation action, and the separation 
authority would have approved a recommendation for separation. The record shows that on 12 
March 1998, you were discharged with an other than honorable (OTH) discharge by reason of 
misconduct due to commission of a serious offense. 

The Board, in its review ofyour record and application, carefully weighed all potentially 
mitigating factors, such as your contention that "you feel you have paid/done your debt," and 
your desire that you and your family receiye medical benefits. Nevertheless, the Board 
concluded these factors were not sufficient to warrant relief in your case because of your serious 
misco!lduct while on active duty. 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