DEPARTMENT OF THE NAVY 

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

Docket No: 8266-16 

NOV 28 2017 

Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of title 10 of the 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 of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 18 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 of this 
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 29 January 1991. You served for 
nine months without disciplinary incident, but during the period from 21October1991 to 
8 July 1993, you received nonjudicial punishment (NJP) on three occasions and were convicted 
in civil court. Your offenses were failure to obey a lawful order, assault, drunk and disorderly 
conduct, driving under the influence of alcohol, absence from your appointed place ofduty, and 
driving on base with suspended driving privileges. Subsequently, you were notified 9fpending 
administrative separation by reason ofmisconduct due to a pattern ofmisconduct 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 conditions by reason ofmisconduct due to a pattern ofmisconduct. 
The discharge authority approved this recommendation and directed your separation under other 
than honorable conditions by reason of misconduct. On 20 August 1993, 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, in its review of your entire record and application carefully weighed all potentially 
mitigating factors, and your contention that the record is not in error but you believe an OTH 
designation is harsh. The Board concluded these factors were not sufficient to warrant relief in 
your case because ofthe seriousness of your misconduct that resulted in three NJPs and a civil 
conviction. Further, the Board noted that you waived the right to an ADB, your best opportunity 
for retention or a better characterization ofservice. Regarding your contention the Board in it 
review discerned no impropriety or inequity in the discharge. Accordingly, your application has 
been denied. 

It is regretted that the circumstances ofyour 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 of an official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director