DEPARTMENT OF THE NAVY 

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

Docket No: 8556-16 

NOV 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 three
member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 22 September 2017. The names and votes of the members of the 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings of this 
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 Reserve and began a period of active duty on 1 June 1972. On 
22 March 1973, you were convicted by summary court-martial (SCM) for periods of 
unauthorized absence (UA) totally three days and eighteen days. On 7May1973, you were 
convicted by special court-martial (SPCM) of 10 days ofUA and breaking restriction. As a result 
of your misconduct, administrative discharge separation action was initiated and it was recommended that 
you receive an undesirable discharge (UD) by reason ofunfitness due to your frequent 
involvement with military authorities. You were notified ofpending administrative separation 
action and after being afforded all of your procedural rights, you signed an agreement to waive 
your administrative discharge board (ADB) in exchange for a general discharge. ˇYou received a 
general discharge on 3July1973. 

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 record of service, desire to upgrade your characterization of 
service, and contention that you were told your discharge would be automatically upgraded in six 
months. The Board concluded these factors were not sufficient to warrant recharacterization of 

your discharge given your misconduct that resulted in SCM and SPCM conviction and the fact 
that you signed an agreement to waive your ADB in exchange to receive a general discharge. 
Finally, the Board also noted that you were fortunate to receive a general discharge since a 
discharge under other than honorable conditions is often directed when an individual is 
discharged for misconduct. Regarding your contention that your discharge would automatically 
be upgraded in six months, you are advised that there is no provision oflaw or in Navy 
regulations that allows for recharacterization of a discharge automatically after six months or due 
solely to the passage oftime. Accordingly, your application has been denied. 

It is regretted that the circumstances of your 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 ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 


Executive Director