DEPARTMENT OF THE NAVY 

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

Docket No: 2979-16 
MAY 22 2017 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions oftitle 10 of the 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 14 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 begin a period of active duty on 28 September 1979. During the 
period from 19 August 1980 to 10 December 1981, you received six nonjudicial punishments 
(NJP) for the following offences: 16 days ofunauthorized absences (UA), three specifications of 
being absent from your appointed place ofduty, dereliction of duty, drunk on duty, and 
possession ofmarijuana. Subsequently, you were notified of pending administrative separation 
action by reason of misconduct due to 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 frequent involvement with 
military authorities. The discharge authority approved this recommendation and directed 
separation under other than honorable conditions by reason ofmisconduct. On 17 March 1982, 
you were discharged. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge and contentions that it has been 30 years since your discharge and you have been 
an honorable man an respected citizen since discharge. The Board concluded that these factors 
were not sufficient to warrant relief given your misconduct. 

In this regard, the Board concluded that the seriousness ofyour repetitive misconduct, which 
resulted in six NJPs, outweighed your desire to upgrade your discharge and supports the 
commanding officer's decision to issue you an OTH discharge. There is no provision in law or 
regulations that allows for re-characterization ofa discharge automatically due solely to the 
passage oftime. The Board commends you for your post service conduct, however it does not 
excuse your conduct while enlisted in the Navy or the basis for 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 
atthis 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 of regularity 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