DEPARTMENT OF THE NAVY 

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

Docket No: 8287-16 
NOV 28 2017 

Dear 

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 24 October 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 ofyour 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 25 March 1980. On 1 July 1980, you received nonjudicial 
punishment (NJP) for drinking in the barracks. On 17 July 1980, you were counseled on the 
derogatory contents ofyou evaluation report. At that time, you were advised ofyour rights, 
including your right to speak with a qualified military attorney and you waived your rights, and 
your commanding officer recommended a general discharge under honorable conditions, by 
reason ofbeing a burden on the command. The discharge authority approved the 
recommendation and you were discharged with a characterization ofgeneral under honorable 
conditions and assigned an RE-4 reenlistment code on 22 August 1980. 

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, change your RE-4 reenlistment code, and contentions that your discharge was 
improper due to insufficient medical treatment and never being offered rehabilitation services. · 
However, the Board concluded that these factors were not sufficient to warrant upgrading your 
discharge, given your misconduct and the fact that you failed to meet the minimum required 
marks to receive a fully honorable characterization ofservice. In this regard, the Board noted 
that the character ofservice is based, in part, on conduct and overall trait averages which are 
computed from marks assigned during periodic evaluations. Your conduct average was 2.6 and 
an average of3.0 in conduct was required at the time ofyour separation for a fully honorable 
characterization ofservice. The Board also noted that an RE-4 reenlistment code is authorized 
when a Sailor is discharged with an OTH characterization ofservice and not recommended for
retention. In regard to you contentions, the Board noted that the record shows that you were 
notified of and waived your procedural right to present your case to an administrative board 
(ADB). In doing so, you gave up your first and best opportunity to advocate for retention or a 
more favorable characterization of service. 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 ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director