DEPARTMENT OF THE NAVY 

BOARD t'OR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD. SUITE 1001 
ARLINGTON. VA 22204-2490 

Docket No: 3004-16 

Dear : 

This is in reference to your application for correction of your late father's Naval record pursuant 
to the provisions oftitle 10 ofthe United States Code, section 1552. 

Although your application was nlt 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 23 May 2017. The names and votes ofthe members ofthe panel 
will be furnished upon request. Your allegations of error 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. 

Regarding your request for a personal appearance, be advised that Board regulations state that 
personal appearances before the Board are not granted as a right, but only when the Board 
determines that such an appearance will serve some useful purpose. In your case, the Board 
determined that a personal appearance was not necessary and considered your case based on the 
evidence ofrecord. 

You father enlisted in the Navy on 28 February 1980. During the period from 16 October 1983 
to 7 March 1985, he received nonjudicial punishment (NJP) for disrespect to a senior Petty 
Officer. He was also convicted by civil authorities oftwo specifications ofdriving under the 
influence (DUI) on two separate occasions. Subsequently, he was notified ofpending 
administrative separation action by reason ofmisconduct due to a pattern ofmisconduct and 
frequent involvement with civilian authorities. He elected to consult with legal counsel and 
subsequently requested an administrative discharge board (ADB). The ADB recommended a 
general discharge by reason ofmisconduct due to a pattern ofmisconduct and frequent 
involvement with civilian authorities. The discharge authority approved this recommendation 
and directed a general discharge by reason ofmisconduct. On 13 December 1985, he was 
discharged. 

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 carefully weighed all potentially mitigating factors, such as your father's post service 
conduct, your desire to upgrade your father's discharge and contention that an honorable 
discharge will allow your father to be buried at . However, the 

Board concluded that these factors were not sufficient to warrant relief given his misconduct. 
The Board noted while commendable, his post service conduct does not excuse his conduct 
while enlisted in the Navy or the basis for his discharge. The Board also noted that many Sailors 
who are separated for misconduct receive an other than honorable characterization ofdischarge. 
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 eviqence. 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director