DEPARTMENT OF THE NAVY 

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

Docket No: 2359-16 

JAN 31 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 threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 9 November 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 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. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or iajustice. 

You enlisted in the Navy and began a period of active duty on 7 September 1988. During the 
period from 19 November 1990 to 19 July 1991, you received four nonjudicial punishments 
(NJP) for two periods ofunauthorized absence, absent from your appointed place ofduty, drunk 
and disorderly, assault, disobeying a lawful order on two occasions and breaking restriction. 
Subsequently, you were notified ofadministrative separation by reason ofmisconduct due to 
pattern ofmisconduct, at which time you waived your right to consulted with counsel and to 
present your case before an administrative discharge board (ADB). The commanding officer 
recommended administrative discharge with an Other Than Honorable (OTH) characterization of 
service discharge. The separation authority approved this recommendation and directed 
administrative discharge with an OTH characterization ofservice. On 12 January 1989, you 
were so discharged. 

The Board, in its review ofyour record and application, carefully weighed all potentially 
mitigating factors, such as contention that you have too many faithful years of service to your 
country to be credited along with war time. The Board concluded these factors were not · 
sufficient to warrant relief in your case because ofthe seriousness ofyour repeated misconduct. 

Further, the Board noted that the record shows that you were notified of and waived your 
procedural right to present your case to an ADB. In doing so, you gave up your first and best 
opportunity to advocate for retention or a more favorable characterization ofservice. 
Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour 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 Jemonstrate the existence ofprobable material error or i1ustice. 

Sincerely, 


Executive Director