DEPARTMENT OF THE NAVY 

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

Docket No: 8394-16 
NOV 28 2017 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 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 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 5 August 1982. During the period from 13 September 1984 to 
8 September 1988, you received nonjudicial punishments (NJP) on three occasions for wrongful 
use ofmorphine, assault, and unauthorized absence (UA). You were also convicted by special 
court martial (SPCM) ofUA totaling 27 days. Subsequently, administrative discharge action 
was initiated by reason of misconduct due to a pattern ofmisconduct. You elected to consult 
with legal counsel and subsequently requested an administrative discharge board (ADB). The 
ADB recommended an other than honorable (OTH) discharge by reason ofmisconduct due to a 
pattern ofmisconduct. The discharge authority approved this recommendation and directe<Yan 
other than honorable discharge by reason of misconduct and on 30 January 1989, you were 
discharged. 

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 the Department ofVeterans 
Affairs (DVA) decision letter, your desire to upgrade your discharge and contention that your 
OTH discharge was due to you finding out your brother was killed, father died, and your wife 
was filling for divorce. However, the Board concluded that these factors were not sufficient to 
warrant relief given your misconduct. In this regard, the.Board concluded that your misconduct, 
as evidenced by three NJPs and a SPCM, outweighed your desire to upgrade your discharge. In 
regard to your contention that your misconduct was the result ofyour brother being killed, father 
dying, and wife filling for divorce. The Board was sympathetic to your situation but found no 
error on injustice for the Navy assigning you an OTH discharge. 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