DEPARTMENT OF THE NAVY 

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

Docket No: 202-16 
JAN 26 2017 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions ofTitle 10, 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 considered your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 5 October 2016. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations of error 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 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 July 1972. You served for a 
year and two months without disciplinary incident, but during the period from 17 October 1973 
to 21November1973, you received nonjudicial punishment (NJP) on three occasions. Your 
offenses were unauthorized absence (UA) from your unit for 2 days, failure to obey a lawful 
order, resisting apprehension, using wrongful provoking speech, and failure to go to your 
appointed place ofduty. 

Subsequently, you were notified ofpending administrative separation by reason ofmisconduct 
due to convenience ofthe government at which time you waived your procedural right to consult 
with legal counsel. Your commanding officer directed an honorable discharge by reason of 
convenience ofthe government. On 11January1974, you were discharged from active duty 
with an honorable characterization ofservice and assigned an RE-4 (not recommended for 
retention) reentry code. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your contention that you graduated from high school. Nevertheless, 
the Board concluded these factors were not sufficient to warrant relief in your case because of 
your repeated misconduct that resulted in three NJPs and the non-recommendation for 
reenlistment which was sufficient to support the assignment ofan RE-4 reenlistment code. Jn 
regard to your contention, the Board noted that the record contains signed documented evidence 
which is contrary to your contention that you graduated from high school. 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 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 the existence ofprobable material error or injustice. 

Sincerely,