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

Docket No: 83-16/ 1510-09 
JAN 06 2017 

Dear  : 

This is in reference to your latest reconsideration request dated 20 December 20 15. You previously petitioned the Board and were advised in our letter dated 16 November 2009 that your application was disapproved. Your case was reconsidered in accordance with Board for Correction ofNaval Records procedures that conform to Lipsman v. Secretary ofArmy, 335 F. Supp. 2d 48 (D.D.C. 2004). 
Because your application was submitted with new evidence not previously considered, the Board found it in the interest ofjustice to review your most recent application based on the new evidence provided. In this regard, your current request has been carefully examined by a three­member panel of the Board for Correction ofNaval Records, sitting in executive session on 26 August 2016. The names and votes ofthe members ofthe panel will be furnished upon request. Documentary material considered by the Board consisted of your application and any material submitted in support of your application. 

After careful and conscientious consideration of the entire record, the Board determined that the statements you provided were insufficient to establish the existence of probable material error or injustice. A review ofyour recent application and character reference letters reveal that again your request must be denied. 

The Board considered your post-service commitment to good conduct and service to fellow veterans. While the Board found your life changes commendable, the Board concluded these factors were not sufficient to warrant recharacterization ofyour discharge. Specifically, the Board noted your repeated misconduct, which included five (5) separate NJPs and a special court-martial conviction, where you were sentenced to a bad conduct discharge (BCD). Although the BCD was suspended, giving you an opportunity to complete your obligated service, you still incurred two (2) additional NJPs, and were allowed to complete your obligated service and be separated with a General (under honorable conditions) discharge. The Board noted that individuals who commit misconduct such as yourself normally receive discharges under other than honorable conditions, and the Board concluded that you were extremely fortunate to receive a General discharge. Additionally, there is no provision of federal law or in 

Navy regulations that allows for recharacterization ofservice or a discharge upgrade due solely to the passage of time. Accordingly, your application has been denied. 

In the absence of sufficient material evidence for reconsideration, the decision of the Board is final, and your only recourse would be to initiate action, at no cost to the Board, to a court of appropriate jurisdiction. 

Sincerely, 

Executive Director