DEPARTMENT OF THE NAVY 

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

Docket No: 2739-16 
APR 17 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle IO 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 18 January 2017. 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 ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

You enlisted in the Navy and begin a period ofactive duty on 2 October 1981. During the period 
from 13 October 1982 to 1 June 1983, you received three nonjudicial punishments (NJP) for 
larceny and unlawfully entering cars, possession of drug paraphernalia, possession ofa 
dangerous weapon, and unauthorized absence (UA). You were also convicted by special court 
martial (SPCM) of 12 specifications ofmission extra duty and restricted muster. Subsequently, 
you were notified ofpending administrative separation action by reason ofmisconduct due to a 
pattern ofmisconduct and frequent involvement with military authorities. After you waived your 
procedural rights, your commanding officer recommended discharge under other than honorable 
(OTH) conditions by reason ofmisconduct due to a pattern ofmisconduct and frequent 
involvement with military authorities. The discharge authority approved this recommendation 
and directed separation under other than honorable conditions by reason ofmisconduct. On 6 
December 1983, you were so discharged. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. 
The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to.upgrade your discharge and assertions that your 
discharge would automatically be changed to honorable after six months. Unfortunately there is 
no provision in law or regulations that allows for re-characterization ofa discharge automatically 
after six months due solely to the passage oftime. The Board concluded that your misconduct 
was too serious to warrant upgrading your discharge. Accordingly, your application has been 
denied. 

It is regretted that the circumstances of your 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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director