DEPARTMENT OF THE NAVY 

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

Docket No: 2211-16 

Dear : 

This is in reference to your application for correction of your 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 24 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 ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

Regarding your request for a personal appearance, be advised that Board regulations state that 
personal appearances before the Board are not granted as a right, but only when the Board 
determines that such an appearance will serve some useful purpose. In your case, the Board 
determined that a personal appearance was not necessary and considered your case based on the 
evidence of record. 

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 begin a period ofactive duty on 30 September 1977. During the 
period from 14 November 1978 to 25 March 1980, you received eight nonjudicial punishments 
(NJP), for unauthorized absence (UA), five specifications ofbeing absent from your appointed 
place ofduty, three specifications ofdisobeying a lawful order, failure to observe reveille, two 
specifications ofdereliction ofduty, disorderly conduct, signing a false official statement, and 
sleeping on watch. Subsequently, you were notified ofpending administrative separation action 
by reason ofmisconduct due to frequent involvement with military authorities. After you 
waived your procedural rights, your commanding officer recommended discharge under other 
than honorable (OTH) conditions byreason of misconduct due to frequent involvement with 
military authonties. 

The discharge authority approved this recommendation and directed separation under other than 
honorable conditions by reason ofmisconduct. On 25 April 1980, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge. The Board concluded that 
these factors were not sufficient to warrant relief given your misconduct. In this regard, the 
Board concluded that the seriousness ofyour misconduct, as evinced by eight NJPs, outweighed 
your desire to upgrade your discharge and clearly supports the commanding officer's decision to 
issue you an OTH discharge. 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 of regularity 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