DEPARTMENT OF THE NAVY 

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

Docket No: 6225-16 
JUL 2 5 2017 


Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 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 June 2017. The names and votes ofthe 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 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. 

You enlisted in the Navy and began a period of active duty on 12 December 1980. You served 
for nearly four months without disciplinary incident, but on 6 April 1981, you received 
noajudicial punishment (NJP) for being drunk on duty. Subsequently, you were notified of 
pending administrative separation by reason ofunsatisfactory performance at which time you 
waived your procedural rights to consult with legal counsel, and you indicated you did not object 
to the discharge. On 22 June 1981, you received NJP for assisting another sailor to leave 
through a window while in a duty status. You did appeal this NJP and your appeal was granted. 
On 3 August 1981, the discharge authority approved and directed your separation under 
honorable conditions by reason ofunsatisfactory performance. 

Characterization ofservice is based in part on conduct and proficiency averages computed from 
marks assigned on a periodic basis. Your conduct average was 2.8. At the time ofyour service, 
a conduct average of3 .0 was required for a fully honorable characterization ofservice. 

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. 
The Board carefully weighed all potentially mitigating factors, and your contention that the 
22 June 1981, NJP was expunged from your record so you should receive an honorable 
discharge. The Board concluded these factors were not sufficient to warrant relief in your case 
because ofyour misconduct which occurred within less than four months ofyour enlistment. 
Further your discharge was based on your performance record, lack ofmotivation and in ability 
to adapt to military life. The Board felt that your record clearly reflected your unsatisfactory 
performance and demonstrated you were unfit for further service. In regard to your contention, 
the Board noted your appeal was granted and the 22 June 1981, NJP was expunged from your 
record. 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. 
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