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

Docket No: 618-16 
DEC 20 2016 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the provisions of Title l0, 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 three-member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 4 August 2016. The names and votes of the 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 en-or or injustice. 
You enlisted in the Navy, began a period of active duty on l 0 January 2002, and served for five months without disciplinary incident. Between 23 May 2002 and 15 July 2002, you received three separate nonjudicial punishments (NJP) for offenses including two different periods of unauthorized absence (UA) totaling eight days, and larceny. 

Subsequently, administrative discharge action was initiated by reason ofmisconduct due to pattern ofmisconduct. After you waived your procedural rights, your Commanding Officer recommended discharge under other than honorable (OTH) conditions by reason of misconduct due to a pattern of misconduct. The discharge authority approved this recommendation and directed separation under OTH conditions by reason of misconduct. On 2 August 2002, you were so discharged. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors such as your desire to upgrade your discharge, your remorse for your actions, and your contentions that it has been over 15 years since the actions you took when you were young and immature. Nevertheless, the Board concluded these factors were not sufficient to warrant relief in your case given the seriousness of your misconduct. In this regard, the Board concluded the severity ofyour misconduct outweighed your desire to upgrade your discharge and clearly supported the Commanding Officer's decision to issue you an OTH discharge. The Board also noted your DD Fom1 214 indicates you were properly separated without an administrative board (ADB). By waiving your procedural right to present your case to an ADB, you gave up your first and best opport unity to advocate for retention or a more favorable characterization ofservice. Further, there is no provision in law or regulations that allows for re-characterization ofa discharge due solely to the passage of time. Accordingly, your application has been denied. 

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 of new and material 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 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