DEPARTMENT OF THE NAVY 

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

Docket No: 8560-16 
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 of the members of the 
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 of this 
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 27 September 1978. During the period from 10 December 1979 to 
22 December 1980, you received non-judicial punishments (NJP) on two occasions for two 
specifications of failure to obey a lawful order, wrongful use ofprovoking words and gestures, 
and absent from appointed place ofduty. You were also convicted by summary court martial 
(SCM) offour specifications ofunauthorized absence (UA) totaling 30 days. On 19 October 
1982, you were convicted by civil authorities ofbreaking and entering with intent to commit a 
felony. You were sentence to 10 years in the Correctional Center. As a result of 
the forgoing, on 20 April 1983, administrative discharge action was initiated by reason of 
misconduct due to civil conviction. 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 civil conviction. The discharge 
authority approved this recommendation and directed an other than honorable discharge by 
reason ofmisconduct. On 16 August 1983, 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 your desire to upgrade 
discharge and contentions that you were under the influence of alcohol when you committed the 
burglary and you are now sober. However, the Board concluded the severity ofyour civil 
conviction outweighed your desire to upgrade discharge. The Board also noted you requested an 
ADB which concurred with your commanding officer and recommended an OTH discharge. In 
regards to your contention that you are now sober, the Board noted while commendable, your 
post service conduct does not alter your conduct while enlisted in the Navy or the basis for your 
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 of an official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director