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

Docket No: 293-16 
JAN 26 2017 

This is in reference to your application for correction of your naval record pursuant to the provisions of title 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 of limitations and consider your application on its merits. A three­member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 5 October 2016. The names and votes of the 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 of this 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 of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. 

You enlisted in the Navy and began a period of active duty on 14July1997. You served for seven months without disciplinary incident, but during the period from 5 March 1998 to 5 October 2000, you received nonjudicial punishment (NJP) on four occasions. Your offenses were failure to go to your appointed place ofduty, drunk and disorderly conduct, failure to obey a lawful order, and consuming alcohol while on restriction. Subsequently, you were notified of pending administrative separation by reason of misconduct due to a pattern of misconduct. After consulting with legal counsel, you elected to present your case to an administrative discharge board (ADB). On 24 October 2000, an ADB recommended discharge under OTH conditions by reason ofmisconduct due to a pattern of misconduct. The separation authority approved and directed an OTH discharge by reason ofmisconduct due to a pattern of misconduct. You were discharged on 18 January 2001. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your post-service conduct, your claim that some ofyour certifications for the sheriff's association require a copy of your DD Form 214, and the fact that you would like for your DD Fonn 214 to say that you received an Honorable characterization of service. Nevertheless-due to the serious nature ofyour misconduct, which resulted in four NJPs-the Board concluded these factors were not sufficient to wan-ant relief in your case. Ultimately, the Board concluded that the severity ofyour misconduct outweighed your desire to upgrade your discharge. Accordingly, you application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action ca1rnot be taken. You are entitled to have the Board reconsider its decision upon submission of new and material evidence within one year from the date of the 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 coJTection ofan official naval record, the burden is on the applicant to demonstrate the existence of probable material en-or or injustice. 

Sincerely, 

Executive Director