DEPARTMENT OF THE NAVY 

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

Docket No: 02978-16 
APR 20 1017 

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 marmer, 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 4 January 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 began a period ofactive duty in the Navy on 8 May 1979. You served five months without 
disciplinary incident. On 18 October 1979, you received nonjudicial punishment (NJP) for 
failure to obey a lawful order. Between 6 November 1979, and 19 February 1981, you received 
nine more NJPs for various infractions including disrespect, unauthorized absences (UA) for 
periods ofless than 24 hours, absence from your appointed pla,ce ofduty, misbehavior ofa 
sentinel and provoking speeches. You were recommended for an administrative separation with 
an other than honorable characterization ofservice on the basis offrequent involvement. Your 
commanding officer states that since reporting on duty on 17 September 1979, you made a 
burden of yourself, openly disobeyed orders, and exhibited unsatisfactory performance. •you 
subsequently waived your right to appear before an administrative separation board and were 
discharged on 20 March 1981, with an other than honorable characterization ofservice. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. The 
Board considered that you state that you were to receive an honorable discharge but that you 
were given numerous superfluous disciplinary write-ups as you were processing out ofthe Navy. 
The Board noted that you allege these write-ups were implemented by a disgruntled clerk in an 
attempt to get even with you because you were transitioning offthe ship. When making its 
determination, the Board considered the 10 NJPs recorded in your Official Military Personnel 
File (OMPF), and that your commanding officer made several comments about substandard 
performance ofduty in his recommendation for administrative separation. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your assertion that your NJPs were superfluous. The Board noted that 
your commanding officer, not a clerk, oversaw the administrative disciplinary proceedings and 
that your separation with an other than honorable characterization ofservice was recommended 
by your commanding officer. The Board noted that you were transferred from food service to 
working within your rate, but lost your designator for unsatisfactory performance. You were 
then reassigned as a deckman, and again failed to meet performance expectations. The Board 
considered your 10 NJPs, and the commanding officer's engagement in your administrative 
discharge, and concluded that your discharge was without error or injustice. 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 of an official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director