DEPARTMENT OF THE NAVY 

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

Docket No: 823-16 
JAN 09 2017 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of Title 10, 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 three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 22 September 2016. 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 ofyour application, together with 
ail 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 enlisted in the Navy, began a period of active duty on 26 March 1984, and served for 18 months 
without disciplinary incident. Between 6 September 1985 and 19 April 1986, you received three 
nonjudicial punishments (NJP) for an unauthorized absence (UA) totaling 45 days, three instances of 
UA that lasted less than 24 hours, breach ofpeace, provoking speech and gestures, disorderly 
conduct, drunkenness, and failing to obey a lawful order. 

Subsequently, administrative discharge action was initiated on 5 May 1986 by reason of misconduct 
due to a pattern ofmisconduct. After you waived your procedural rights, your Commanding Officer 
recommended discharge under other than honorable (OTH) conditions by reason ofmisconduct due 
to pattern of misconduct. The discharge authority approved this recommendation and directed 
separation under OTH conditions by reason ofmisconduct. While your separation was pending, on 
14May1986 you received yet anotherNJP. On 20May1986, you were discharged with an OTH 
characterization of service. 

The Board, in its review of your entire record and application, carefully weighed all potentially 
mitigating factors such as your desire to upgrade your discharge and contention that you served 
honorably except for your misconduct in Brazil when you had been drinking and mistakenly boarded 
the wrong ship while being chased. However, the Board concluded these factors were not sufficient 
to warrant relief in your case given the seriousness ofyour pattern ofmisconduct. In this regard, the 
Board concluded the severity and pervasiveness of your misconduct clearly supported the 
Commanding Officer's decision to issue you an OTH discharge. The Board also noted that you 
were properly processed and separated without an administrative discharge board (ADB). By 
waiving your procedural right to present your case to an ADB, you gave up your first and best 
opportunity to advocate for retention or a more favorable 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. 
You are entitled to have the Board reconsider its decision upon submission ofnew and material 
evidence within one year from 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 ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director