DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 5142-l6 
OCT 20 2017 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions of title l 0 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 of the Board for Correction of a val Records, sitting in executive session, considered your application on 10 July 2017. The names and votes ofthe members of the panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies. 

You enlisted in the Navy on 24 September 1981. During the period from 23 September to 30 December 1982, you received three nonjudicial punishments (NJP) for the following offences: missing ship's movement, two specifications of being absent from unit, and sleeping on post. Subsequently, you were notified ofpending administrative separation action by reason of misconduct due to commission of a serious offense. At that time, you were advised of your rights, which included the right to confer with a qualified military attorney and present your case to an Administrative Discharge Board (ADB). After consulting with a military attorney, you elected to waive your rights, including your right to present your case to an ADB. Your commanding officer recommended an other than honorable (OTH) discharge by reason of misconduct due to commission ofa serious offense. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct. On 16 February 1983, you were discharged with an other than honorable characterization ofservice. 

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 your contention that you were told by legal that if you waived the ADB, it would not affect your discharge. The Board noted that there is no evidence in the record, and you provided none, to support your contention. However, the Board concluded that these factors were not sufficient to warrant relief in your case, given your misconduct. ln this regard, the Board concluded the severity ofyour misconduct, which resulted in three NJPs, outweighed your desire to upgrade 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 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. [n 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 of probable material error or injustice. 

Sincerely, 

Executive Director