DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 2130-16 
JAN 27 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 three
member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 28 October 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 of this 
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 of active duty on 7 November 1973. During the 
period from 21 May 1975 to 14 December 1976, received nonjudicial punishment (NJP) on four 
occasions for wrongful use ofmarijuana, two periods ofunauthorized absence (UA), 
disobedience of a lawful order, indulging in alcohol while in a duty status, and knowingly trying 
to escape with evidence. On 12 October 1976 you were convicted by special court-martial of 
two periods ofUA and for being incapacitated for duty. Although not all documents were found 
in your record, it appears that your conunanding officer reconunended you for a General (under 
honorable conditions) discharge, and the discharge authority directed a General discharge by 
reason of convenience ofthe government as evidenced by your substandard behavior. On 
20 December 1976, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully considered your desire to 
upgrade your discharge. The Board also weighed all potentially mitigating factors, such as your 
character reference letters and your regret for your actions that led to your discharge. 
Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization 
of your discharge given the seriousness of your misconduct which resulted in four NJPs and a 
SPCM. In this regard, the Board noted that individuals with substantial misconduct normally 
receive an administrative discharge under other than honorable conditions. Accordingly, you 
were fortunate to receive a general discharge. 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 of regularity 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