DEPARTMENT OF THE NAVY 

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

Docket No. 2875-16 
FEB 13 2017 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 1552. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 30 November 2016. The names and votes ofthe members of the 
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 that the 
evidence submitted was insufficient to establish the existence ofprobable material error or 
injustice. 

You enlisted in the Navy and began a period of active duty on 14 October 2003. You served for 
a period ofabout seven months without any disciplinary incident, until between 9 June 2004 and 
19 June 2007 when you received three nonjudicial punishments for the offenses of unauthorized 
absence (two charges), false official statement, and failure to obey order or regulation, and 
assault. Additionally, between 9 June 2004 and 14 June 2007, you were counseled for the 
deficiencies of violating Article 86 (unauthorized absence (two charges)), Article 92 (failure to 
obey order or regulation (two charges)), Article 107 (false official statement), and Article 128 
(assault), and warned that further misconduct could result in disciplinary action and/or 
processing for an administrative discharge. 

Although the Board lacked your entire Official Military Personnel File (OMPF), it appears from 
available records in the OMPF that, on 12 October 2007, you were discharged from the Navy 
due to a pattern ofmisconduct with a general (under honorable conditions) discharge (GEN), and 
assigned an RE-4 reentry code. 

On 12 January 2009, the Naval Discharge Review Board (NDRB) denied your request to 
upgrade the characterization ofyour GEN discharge and determined that the discharge was 
proper and equitable. 

The Board, in its review ofyour entire record and application, carefully weighed and considered 
all potentially mitigating factors, including your record ofservice and your personal statement, 
your character reference letters, and your desire to upgrade your GEN discharge. However, the 
Board found that these factors were not sufficient to warrant relief in your case because ofthe 
seriousnyss of your repeated misconduct that resulted in three separate NJPs. Finally, there is no 
provisiof oflaw or in Navy regulations that allows for recharact,rization ofservice due solely to 
the passage oftime or an individual's good post-service conduct. 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 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 this 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 
demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director