DEPARTMENT OF THE NAVY 

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

Docket No: 8337-16 
NOV 28 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of title 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 31 October 2017. The names and votes ofthe members of the 
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. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding ofthe issue(s) 
involved. Therefore, the Board determined that a personal appeararn::e was not necessary and 
considered your case based on the evidence ofrecord. 

You enlisted in the Navy on 23 February 1983. During the period from 13 June 1983 to 
28 January 1985, you received nonjudicial punishments (NJP) on four occasions for 
incapacitated for duty, possession ofdrug paraphernalia, five specifications offailure to go to 
appointed place ofduty, and wrongful use ofmarijuana. You were also convicted by special 
court martial (SPCM) ofunauthorized absence (UA) totaling 28 days and missing ship's 
movement. Subsequently, you were notified ofpending administrative separation action by 
reason ofmisconduct due a pattern ofmisconduct. After you waived your procedural rights, 
your Commanding Officer recommended an other than honorable (OTH) discharge by reason of 
misconduct due to a pattern ofmisconduct. The discharge authority approved this 
recommendation and directed separation under other than honorable conditions by reason of 
misconduct. On 7 March 1985, you were discharged. 

After careful and conscientious consideration ofthe entire record, the Board found the evidence 
submitted was insufficient to establish the existence of probable material error or injustice. The 
Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your 
discharge and contention that you were not mentally or physically fit to serve in the Navy. The 
Board concluded that these factors were not sufficient to warrant relief in your case given your 
misconduct. In this regard, the Board concluded the severity of your misconduct, which resulted 
in four NJPs and a SPCM , outweighed your desire to upgrade your discharge. In regard to your 
contention, the Board noted that the record shows that you were notified of and waived your 
procedural rights. In doing so, you gave up your first and best opportunity to advocate for 
retention or a more favorable characterization ofservice. Finally, the Board noted that there is 
no evidence in the record, and you provided none, to support your contention that you were not 
mentally or physically fit to serve in the Navy. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour 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. 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