f!EPARTMENT OF THE NAVY 

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

Docket No. 535-16 
JAN 31 2017 

Dear , 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of l 0 USC 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 of Naval Records, sitting in executive session, 
considered your application on 24 October 2016. Your allegations oferror and injustice were 
reviewed in accordance with administrative regulations and procedures applicable to theˇ 
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 of the entire record, the Board found that the 
evidence submitted was insufficient to establish the existence of probable material error or 
injustice. 

Of the available records, it was noted that you enlisted in the Navy and began a period of active 
duty on 2 April 1976. You served without disciplinary incident until 3 September 1979, when 
you were declared to be an unauthorized absentee. You did not return until 27 November 1981, 
when you surrendered to military authorities. On 19 February, you were notified that yourˇ 
command was considering administrative separation processing against you, for your prolonged 
and unauthorized absence of2 years 2 months and 24 days. You were advised of your rights and 
waived them. At the time ofyour rights advisement, you elected not to speak with a qualified 
military attorney. On 22 June 1982, you received an NJP for unauthorized absence for an 
additional period ofunauthorized absence of 40 days. As a result ofthe foregoing, 
administrative discharge action was initiated. Thereafter, the separation authority directed an 
other than honorable conditions discharge due to prolonged unauthorized absence of more than 
one year. On 25 June 1982 you were discharged. 

The Board, in its review ofyour record, and application with supporting documentation, 
carefully weighed all potentially mitigating factors, such as your desire to upgrade your character 
of service and rationale for your misconduct. The Board concluded these factors were not 
sufficient to warrant relief in your case, because no error or injustice was identified in its review 
ofyour record. Accordingly, your application has been denied. The names and votes ofthe ˇ 
members of the panel will be furnished upon request. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew evidence 
within one year from the date of the Board's decision. New evidence is evidence not previously 
considered by the Board prior to making its decision in this 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