DEPARTMENT OF THE NAVY 

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

Docket No: 2855-16 

MAY 08 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 three? 
member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 7 February 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. 

You enlisted in the Navy and began a period of active duty on 12 February 1990. During the 
period from 3 July 1990 to 25 June 1993, you received four separate nonjudicial punishments 
(NJP) for the following offenses: two specifications ofbeing absent from your appointed place of 
duty, two specifications offailure to go to appointed place ofduty, absence from unit, and 
missing ship's movement. Subsequently, you were notified ofpending administrative separation 
action by reason ofmisconduct due to commission ofa serious offense. You did not consult 
with counsel and waived your right to an administrative discharge board (ADB). Your 
commanding officer recommended an other than honorable (OTH) discharge by reason of 
misconduct due to commission of a serious offense. On 13 July 1993, the discharge authority 
directed separation under OTH conditions by reason ofmisconduct due to commission of a 
serious offense. On 16 July 1993, you were discharged. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the exi~tence ofprobable material error or injustice. 

The Board, in its review ofyour entire record and application, carefully weighed your desire to 
upgrade your .discharge to be eligible for veteran's benefits and your contention you were 
discharged due to your religious beliefs. The Board concluded that these factors were not 
sufficient to warrant relief in your case given the seriousness of your repeated misconduct that 
resulted in four NJPs and OTH discharge. Regarding your contention, the Board noted that you 
did not appeal any ofyour NJPs and you provided no supporting evidence to support your 
contention. Additionally, the record shows that you were notified ofand 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 of service. Lastly, eligibility for 
benefits from the Department ofVeterans Affairs (DVA) does not fall under the purview ofthe 
Board, rather it's a matter under DVA cognizance. Please contact your nearest DVA office 
concerning your right to apply for benefits. 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 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 of probable material error or injustice. 

Sincerely, 


Executive Director