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

Docket No: 346-16 
JAN 13 2017 

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 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 11 October 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 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 ofprobable material error or injustice. 

You enlisted in the Navy and began a period ofactive duty on 8 September 1981. On 
26 October 1982, you were convicted by general court-martial (GCM) of assault with the intent 
to commit voluntary manslaughter. You were sentenced to confinement for five years, forfeiture 
of all pay and allowances, reduction to E-1, and a dishonorable discharge (DD). On 4 March 
1983, the convening sentenced you to confinement for five years, forfeiture ofall pay and 
allowances, reduction to E-1, and a bad conduct discharge (BCD). On 29 September 1983, the 
US Courts of Military Review sentenced you to confinement for 18 months, forfeiture ofall pay 
and allowances, reduction to E-1, and a bad conduct discharge (BCD). After the BCD was 
approved at all levels ofreview. On 4 December 1984, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as character letters, post service conduct, your desire to upgrade your 
discharge, and assertion that an upgraded discharge would allow you to use Department of 
Veterans Affairs (DV A) medical benefits. Nevertheless, the Board found that these factors were 
not sufficient to warrant relief in your case because ofthe seriousness ofyour misconduct, which 
resulted in a GCM conviction, and your discharge from the Navy. The Board noted whether or 
not you are eligible for benefits is a matter under the cognizance ofthe Department of Veterans 
Affairs (DV A), and you should contact the nearest office ofthe DVA concerning your right to 
apply for benefits. Accordingly, your application has been denied. 

It is regretted 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 of new 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 of regularity 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 of probable material error or injustice. 

Sincerely, 


Executive Director