DEPARTMENT OF THE NAVY 

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


Docket No. 7373-16 
APR 0 8 2017 

Dear , 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 use 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 case on its merits. A three-member 
panel of the Board for Correction ofNaval Records, sitting in executive session, considered your 
application on 9 March 2017. Your allegations of error 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. 

A review ofyour record shows that you entered active duty with the Navy on 1 November 2007. 
Non-judicial punishment was imposed on you for unauthorized absence on 17 February 2009. 
Another non-judicial punishment was imposed on you for an orders violation, two specifications 
of assault, and a violation ofArticle 134. As a result of your misconduct, you were discharged 
for a pattern ofmisconduct on 10 June 2009 and issued a General discharge. 

The Board carefully considered your arguments that you deserve a disability discharge and an 
upgrade to your characterization of service. You assert that you were discharged without proper 
due process and asked to perform military duties despite not being fit for full duty. 
Unfortunately, the Board disagreed with your rationale for relief. First, the Board determined 
that insufficient evidence exists to support your assertion that you were improperly processed for 
administrative separation. You provided no evidence to support your allegation and your 
military record did not contain an administrative separation package. As a result, the Board 
relied upon the presumption ofregularity to determined that you were not denied your due 
process rights during your administrative separation. The Board relies on a presumption of 
regularity to support the official actions ofNavy personnel and, in the absence ofsubstantial 
evidence to the contrary, will presume that they have properly discharged their official duties. In 
the Board concluded that there was insufficient evidence to support your assertion that you were 
unfit for continued naval service due to a qualifying disability. There was no evidence in your 
record that showed you were eligible for referral to the Disability Evaluation System or that your 
performance was impaired by a qualifying disability. Absent evidence to support your claim, the 
Board concluded there was insufficient evidence to change your narrative reason for separation 
to disability. Third, the Board decided that even ifyou possessed a qualifying disability that 
made you unfit for continued naval service, your misconduct processing would have taken 
precedence over any disability processing. The Board found no evidence that you were not 
responsible for your misconduct and concluded that you were properly processed for pattern of 
misconduct based on your two non-judicial punishments. Finally, the Board determined that 
your characterization of service remains appropriate in light ofthe two non-judicial punishments 
imposed on you in less than two years ofservice and the nature of the offenses. Specifically, the 
two assault specifications would have qualified for punitive discharges under the Uniform Code 
ofMilitary Justice. This convinced the Board there 'were significant negative aspects ofyour 
service that outweighed the positive aspects. Accordingly, the Board was unable to find an error 
or injustice warranting a correction to your record and denied your application. The names and 
votes ofthe members ofthe panel will be furnished upon request. 

Regarding your request for missing awards and medals. Board regulations require that you 
exhaust your administrative remedies prior to applying to this Board for relief. You must first 

submit your request to the Department ofNavy, Navy Personnel Command (BUPERS), 
to request missing awards and medals be added to your record. 

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 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