DEPARTMENT OF THE NAVY 

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

 
Docket No: 8437-16 
DEC 07 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 1November2017. 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 of your 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 and began a period ofactive duty on 30 September 1997. You served for 
nearly six months without disciplinary incident, but during the period from 17 March 1998 to 
5 November 1998, you were convicted by civil court and received nonjudicial punishment (NJP) on 
two occasions. Your offenses were breach ofpeace, resisting arrest, disrespect toward a superior 
commissioned officer, making a false official statement and unauthorized absence from your unit 
for five days. Although the Board lacked your entire service record book (SRB) it appears from the 
SRB entries before the Board that you were subsequently involuntarily processed for separation by 
reason ofmisconduct. In connection with this processing, you would have acknowledged the 
separation action and the separation authority would have approved a recommendation for 
separation. The record clearly shows that on 24 December 1998, you were discharged with an other 
than honorable (OTH) separation due to misconduct. 

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, in its review ofyour entire record and application carefully weighed all potentially 
mitigating factors, such as your post service conduct and contention that you need this upgrade to 
better your health. The Board concluded these factors were not sufficient to warrant relief in your 
case because ofthe seriousness of your misconduct that resulted in two NJPs and a civil 
conviction. Further, the Board noted that you waived the right to an ADB, your best opportunity 
for retention or a better characterization ofservice. Regarding your concern about eligibility for 
healthcare whether or not you are eligible for benefits is a matter under the cognizance ofthe 
Department ofVeterans Affairs (DVA), and you should contact the nearest office ofDVA 
concerning your right to apply for benefits. Accordingly, your application has been denied. 

Itis regretted that the circumstances of your 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 apresumption 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