DEPARTMENT OF THE NAVY 

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

Docket No: 8568-16 

NOV 15 2017 

Dear : 

This is in reference to your application for correction of your 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 25 September 2017. The names and votes of the 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 of your naval record, and 
applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding ofthe issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence ofrecord. 

You enlisted in the Navy and began a period of active duty on 13 October 1981. During the 
period from 31 March 1983 to 6 December 1985, you received three non-judicial punishments
NJPs). On 12 February 1986, you were convicted by special court-martial (SPMC) of 509 days 
ofunauthorized absence (UA). You were sentenced to a forfeiture ofpay, a reduction in 
paygrade and a bad conduct discharge (BCD). You received a BCD on 15 April 1987. 

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 application, carefully weighed all potentially mitigating factors, 
such as your overall record ofservice and contentions that you requested leave due to a hardship, 
your wife was pregnant and needed you when she gave birth, had no family or friends to help, 
and that you were denied twice and felt obligated to care for your family. 

The Board found that these factors were not sufficient to warrant recharacterization ofyour 
discharge given your misconduct which resulted in your three NJP's and conviction by SPCM 
for very lengthy period ofUA. Regarding your contentions, there is no evidence in the record to 
support it them, and you submitted no such evidence. 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 or other matter 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