DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No. 2783-16 
JUL 21 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the provisions of IO U.S.C. §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 of Naval Records, sitting in executive session, considered your application on 24 April 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 ofactive duty on4 December 1983 and reenlisted on 8 September 1989. You had two periods ofbeing arrested by civilian authorities on 26 February 1995 for burglary and on 29 June 1995 for sexual battery. On 21March1996, you received nonjudicial punishment (NJP) as a result ofy~ur civilian arrest. As a result ofthe foregoing, administrative discharge proceedings commenced resulting in the separation authority directing an Other Than Honorable (OTH) characterization ofservice by reason ofmisconduct. On 17 May 1996, you were discharged with an OTH characterization ofservice. 

After careful and conscientious consideration ofthe entire record, the Board found that the evidence submitted was insufficient to establish the existence ofprobable material error or iltjustice. The Board, in its review ofyour record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your character ofservice. The Board notes that although you pied no contest or guilty in civilian court where your charges were reduced to misdemeanors (trespass and battery), it does not change that fact that you committed a serious offense. Navy guidance does not require that you be found guilty just that the offense is substantiated by a preponderance ofthe evidence and that a closely related offense would 
warrant a punitive discharge under the Uniform Code ofMilitary Justice (UCMJ). 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 ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director