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

Docket No: 8130-16 
NOV 07 2017 


This is in reference to your application for correction ofyour naval record pursuant to the provisions oftitle IO 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 26 September 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 ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions ofyour naval record and applicable statutes, regulations and policies. 

You enlisted in the Navy on 1 November 1983. During the period from 11 March 1985 to 31January1986, you received four nonjudicial punishments (NJP) for the following offenses: unauthorized absence (UA) on three separate occasions totaling six days and writing bad checks. Subsequently, you were notified ofpending administrative separation action by reason of misconduct due a pattern ofmisconduct. After you waived your procedural rights, your commanding officer recommended an other than honorable (OTH) discharge by reason of misconduct due to a pattern ofmisconduct. The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of misconduct. On 3 March 1986, you were discharged. 

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, such as your desire to upgrade your discharge and contentions .that your discharge was too severe because you went UA to spend time with your ill grandmother. The Board concluded that these factors were not sufficient to warrant relief in your case given your misconduct. 

In this regard, the Board concluded the severity ofyour misconduct, which resulted in four NJPs, outweighed your desire to upgrade your discharge. In regard to your contention that your discharge was too severe, the Board noted that the record shows that you were notified of and waived your procedural rights. In doing so, you gave up your first and best opportunity to advocate for retention or a more favorable characterization ofservice. Finally, the Board noted that there is no evidence in the record, and you provided none, to support your contention that you went home to spend time with your ill grandmother. 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 ofnew 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