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

Dear 

This is in reference to your application for correction ofyour 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 9 May 2016. 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 of your 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 the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

You began a period ofactive duty in the Navy on 14 January 1980. You served over one year 
without disciplinary incident. On 21February1981, you received non-judicial punishment (NJP) 
for possession ofhashish onboard the  and were awarded 15 
days correctional custody. On 21 July 1981, you acknowledged a service record entry ofyour 
ineligibility for reenlistment due to substandard personal behavior which reflects discredit on the 
Service and adversely affects your performance ofduties. You were discharged from active duty 
on 21July1981 for substandard personal behavior, with a General (Under Honorable) 
characterization ofservice, and a reenlistment code ofRE-4. 

The Board considered that you indicated on your application for correction ofmilitary record 
(DD Form 149), that you believed "Don't Ask, Don't Tell" policies impacted your military 
service. The Board reviewed your service record and noted that your record does not reflect any 
indication ofhomosexual conduct or admissions, and that your discharge appears to have been 
properly executed on the basis of substandard performance ofmilitary duties. When making its 
determination, the Board noted your acknowledgement ofthe 21 July 1981 service record entry 
and your overall performance trait average of2.97. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors. Nevertheless, the Board found that these factors were not sufficient to warrant 
recharacterization of your discharge given your performance record as reflected in your service 
documents. Accordingly, your application has been denied. 

It is regrettable 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 and material 
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 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 correction of an official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director