DEPARTMENT OF THE NAVY. 

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

Docket No. 8350-16 

MAY 07 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of 10 use 1552. 

A three-member panel ofthe Board for Correction of Naval Records, sitting in executive session, 
considered your application on 6 April 2017. 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, your naval record and 
applicable statutes, regulations and policies. 

A review ofyour record shows you entered active duty with the Navy on 15 December 2015. 
On 18 June 2016, you were accused of failing to obey orders after failing twice to muster for 
liberty and taking liberty without the required number of"liberty buddies." You elected to 
refuse nonjudicial punishment when it was offered and were notified of administrative separation 
processing for commission ofa serious offense on 18 July 2016. As a result, you were 
discharged on 26 August 2016 for commission ofa serious offense with a General 
characterization of service. 

The Board carefully considered your arguments that you deserve a disability discharge or an 
upgrade to your characterization ofservice. You assert you were never accused ofany 
misconduct but still received a General characterization. Unfortunately, the Board disagreed 
with your rationale for relief. First, there was no evidence presented or in your record that 
showed you were suffering from a disability condition that made you unfit for continued naval 
service. Your last performance evaluation showed you received a 3.0 trait average with positive 
performance comments with no indication you were suffering from an occupational impairment 
due to a disability. Therefore the Board concluded that there was no evidence to support a 
change to your narrative reason for separation to disability. Second, the Board determined that 
your characterization ofservice was appropriate in light of your misconduct. The record shows 
you were accused ofviolating liberty regulations on three occasions. Each ofthese offenses 
qualified for a punitive discharge under the Uniform Code of Military Justice. This convinced 
the Board you were fortunate to receive a General characterization ofservice based on the 
seriousness of the offenses and lack of good military character performance to offset your 
misconduct. Accordingly, the Board was unable to find an error or injustice warranting a 
correction to your record and denied your application. The names and votes of the members of 
the panel will be furnished upon request. 

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 of probable material error or injustice. 

Sincerely, 

Executive Director