DEPARTMENT OF THE NAVY 

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

Docket No: 8358-16 
FEB 03 2017 

Dear : 

This is in reference to your application for correctLn ofyour naval record pursuant to the 
provisions ofTitle I 0, 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 18 November 2016. 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 ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

You enlisted in the Navy and began a period ofactive duty on 7 August 1990. You served 
without disciplinary incident until 2 July 1991 through 26 October 1991, when you received 
nonjudicial punishment (NJP) on three occasions for unauthorized absence (UA). On 9 June 
1992, you were convicted by summary court-martial (SCM) forbeing UA. As a result ofthe 
foregoing, administrative discharge action was initiated. After being afforded all ofyour 
procedural rights, you waived your right to consult with counsel, appear before an administrative 
discharge board, and to submit a statement. Shortly thereafter, the separation authority directed 
an Other Than Honorable (OTH) conditions discharge by reason of misconduct due to a pattern 
ofmisconduct. On 8October1992, you were so discharged. 

The Board, in its review of your entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your character of service. The Board 
concluded these factors were not sufficient to warrant relief in your case, given the seriousness of 
your repeated misconduct. 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 within one year from the date ofthe Board's. New evidence is evidence not previously 
considered by the Board prior to making its decision your case. 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