DEPARTMENT OF THE NAVY 

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

Docket No: 761-16 
JAN 25 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 USC 1552. 

A three-member panel ofthe Board for Correction of Naval Records, sitting in executive session, 
considered your application on 25 October 2016. 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. 

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 entered the Navy on 7 September 1973. You received Non-Judicial Punishment (NJP) on 
31 March 1975 for violating a written order or regulation. On 4 June 1975 you pied guilty to 
theft in a civilian court. On 10 July 1975, you were notified by your Commanding Officer (CO) 
that you were being notified of administrative discharge proceedings by reason ofunsuitability 
because ofcharacter and behavior disorders. On the same day, you signed a statement of 
awareness, waiving the right to submit a statement on your own behalf or object in writing to 
such discharge. On 15 July 1975, your CO recommended you for discharge by reason of 
unsuitability. He listed pending charges ofviolation ofthe UCMJ as refusal to get a haircut; 
communicating a threat (two counts); unauthorized absence (four counts); and falsification of a 
log entry. On 18 July 1975, you received NJP for failing to obey an order or regulation. On 29 
July 1975, you were discharged, with a General (Under Honorable Conditions) characterization 
of service. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your contention that your discharge, as it was characterized in 1975, 
would be commutated to honorable today. However, the Board concluded that these factors were 
not sufficient to warrant relief in your case. The Board determined the seriousness ofyour 
misconduct while on active duty outweighed any mitigating evidence that you provided. The 
Board noted that your service is characterized at the time ofdischarge based on performance 
during the current enlistment. 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 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 of an official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director