DEPARTMENT OF THE NAVY 

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

Docket No: 8571-16 
NOV 29 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 7 November 2017. The names and votes ofthe members ofthe 
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 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 on 1 March 1978. During the period from 22 February to 17 July 1980, 
you received three nonjudicial punishments (NJP) for the following offenses: absence from 
appointed place ofduty, drunk while on duty, possession ofhashish, unauthorized absence (UA) 
for 2 days, wrongful possession ofmarijuana, and breaking restriction. Subsequently, you were 
notified ofpending administrative separation action by reason of frequent involvement with 
military/civil authorities. During the period from 25 July to 4 September 1980, you received two 
non-judicial punishments (NJP) for two specifications ofdisobeying a lawful order and reading 
while on watch. After waiving your procedural rights, your Commanding Officer recommended 
a general discharge under honorable conditions by reason offrequent involvement with 
military/civil authorities. The discharge authority approved this recommendation and directed a 
general discharge. On 10 October 1980, you were discharged. 

After careful and conscientious consideration of the 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 
your discharge and contention that you were never in trouble or charged with any military or 
civilian offenses while serving in the Navy. However, the Board found that these factors were 
not sufficient to warrant relief given your misconduct. In this regard, the Board concluded that 
the seriousness ofyour misconduct, which resulted in four NJPs, outweighed your desire to 
upgrade your discharge. In regard to your contention that you were never charged with any 
military or civilian offense while in the Navy. The Board noted that the record contains 
documented evidence which is contrary to your contention. The record clearly shows that during 
your enlistment prior to your discharge, your received four NJPs. 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