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

Docket No. 8165-16  
NOV 06 2017  



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 30 October 2017. The names and votes ofthe members ofthe panel will be furnished upon request. 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 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 and began a period of active duty on 2 October 1987. You served for nearly 6 months without disciplinary incident, but during the period from 31 March 1988 to 19 May 1988, you received nonjudicial punishment (NJP) on two occasions. Your offenses were being incapacitated for proper performance ofduty, assault, and disorderly conduct. Subsequently, you were notified of pending administrative separation by reason ofmisconduct due to commission ofserious offense at which time you waived your procedural rights to consult with legal counsel and to present your case to an administrative discharge board (ABD). Your commanding officer recommended discharge under other than honorable (OTH) conditions by reason of commission of a serious offense. On 8 July 1988, you were discharged under OTH conditions.

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, in its review of relevant portions of your naval record and application, carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions that you were not treated very nice by your office in charge, your depression and trouble since getting out ofthe military, and you did nothing wrong but defend yourself. 

The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct. Further, the Board noted that you waived the right to an ADB, your best opportunity for retention or a better characterization ofservice. 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 ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director