DEPARTMENT OF THE NAVY 

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

Docket No: 2149-16 

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!imitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNa val Records, sitting in executive session, 
considered your application on 3 January 2017. 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 of your application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 9 April 1974. On 11 June 1976, 
you were convicted by special court martial (SPCM) offour specifications ofunauthorized 
absence (UA) totaling 169 days, four specifications ofdisobeying a lawful order, use of 
disrespectful language, three specifications of assault, wrongful use ofprovoking words, resisting 
apprehension, and breaking restriction. Subsequently, you were notified ofpending 
administrative separation action by reason ofunsuitability. After you waived your procedural 
rights, your commanding officer recommended a general discharge under honorable conditions by 
reason ofunsuitability. The discharge authority approved this recommendation and directed a 
general discharge. On 28 December 1976, you were so discharged. 

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 in its review ofyour entire record and application carefully weighed all potentially 
factors, such as your desire to upgrade your discharge and assertion that you were in a fight with 
an officer, other Sailors who were charged with illegal drug use received honorable discharges, 
and you have been a stalwart citizen. The Board concluded that these factors were not sufficient 
to warrant relief given your misconduct. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
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