DEPARTMENT OF THE NAVY 

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

Docket No: 5566-16 

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 of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 26 April 2017. The names and votes of the members ofthe panel 
will be furnished upon request. Your allegations oferror 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. 

You enlisted in the Navy and began a period of active duty on 29 June 1989. On 31 July 1989, 
you were granted a waiver after testing positive ofthe wrongful use ofmarijuana during the 
accession urinalysis. You served for a year and six months without disciplinary incident, but 
during the period from 18 January 1991 to 19 March 1992, you received nonjudicial punishment 
(NJP) and were convicted in civil court on five occasions. Your offenses were leaving the scene 
of an accident with property damage, driving without a license, having no proof ofinsurance, 
driving with a suspended license, faulty equipment, absence from your appointed place ofduty, 
stealing a license tag, and violating probation. Subsequently, you were notified ofpending 
administrative separation by reason ofmisconduct due to commission ofa serious offense at 
which time you waived your procedural rights to consult with legal counsel and present your case 
to an administrative discharge board (ADB). Your commanding officer recommended discharge 
under other than honorable conditions by reason ofmisconduct due to commission ofa serious 
offense. The discharge authority approved this recommendation and directed separation under 
other than honorable conditions by reason ofmisconduct, and on 26 August 1992, you were 
discharged. 

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, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your post service conduct and your claim that you made a lot of 
mistakes at age 20. The Board found that these factors were not sufficient to warrant relief in 
your case because ofthe seriousness ofyour misconduct that resulted in an NJP and five civil 
convictions. The Board noted that you waived your right to an ADB, which was your best 
opportunity for retention or a better characterization ofservice. 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 ofnew 
and material evidence. 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 of an official naval record, the burden is 
on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director