DEPARTMENT OF THE NAVY 

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

Docket No: 0559-16 
JAN 27 2017 

Dear : 

This is in reference to your applicatiJn for correction .of your 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 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 19 October 2016. The names and votes ofthe members of the 
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 of this 
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 ofthe 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 of active duty on 24 July 1989. On 7 November 
1990, you received nonjudicial punishment (NJP) for an unauthorized absence totaling 13 days. 
On 25 September 1991, you were convicted by a special court martial (SPCM) oftwo periods of 
unauthorized absence totaling 88 days and wrongful use of a controlled substance(marijuana). 
You were sentenced to a bad conduct discharge (BCD), forfeiture ofpay, confinement and 
reduction to paygrade E-1. After the BCD was approved at all levels ofreview, on 11 February 
1993, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge and your assertion that you 
were told to sign the papers and you could go home, you were young and didn't understand the 
disservice you had done to yourself by signing. The Board concluded these factors were not 
sufficient to warrant relief in your case given your misconduct. Regarding your assertion, the 
Board considered and determined that your statement was not enough to outweigh the significant 
misconduct you committed. In this regard, the Board concluded the severity ofyour misconduct, 
which resulted in a BCD, outweighed your desire to upgrade your discharge. 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 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 ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director