DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No. 751-16 

MAY 26 2017 

Dear:

This is irfreference.to.your application for correction ofyour naval record pursuant to the 
provisions of 10 U.S.C. 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 applicatiou.on 14 February 2017. The names and votes ofthe members of the 
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. The advisory opinion (AO) provided in 
was sent to you on for an opportunity to comment prior to being 
considered by the Board. After the 30 day period for comment expired without a response, the 
case was presented to the Board. 

In regard to your request for a personal appearance, be advised that the Board regulations state 
personal appearances before the Board is not granted as a right, but only when the Board 
determines that such an appearance will serve some useful purpose. In your case, the Board, 
determined that a personal appearance was not necessary and considered your case based on the 
evidence ofthe record. 

After careful and conscientious consideration ofthe entire record, the Board found that the 
evidence submitted was insufficient to establish the existence ofprobable material error or 
injustice. Ofthe available records, it was noted that you enlisted in the Navy and began a period 
ofactive duty on . The Board noted that on , you received a nonjudicial 
punishment (NJP) for a 49 day period ofunauthorized absence, insubordinate conduct towards a 
warrant officer, noncommissioned officer, or petty officer and wrongful use ofa controlled 
substance. Thereafter, the separation authority directed an Other than Honorable (OTH) 
discharge and on , you were so discharged. 

The Board, in its review ofyoiJr record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your character ofservice, your character 
statements and the prior good duty and performance you outline in your application. The Board 
concluded these factors were not sufficient to warrant relief in your case, because no error or 
injustice was identified in its review ofyour records. 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 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 ofan official naval record, the burden is on the applicant to 
demonstrate the existence ofprobable material error or injustice. 

Sincerely, 
Executive Director