DEPARTMENT OF THE NAVY 

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

Docket No: 00931-16 

Dear : 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle IO 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 of limitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 1 December 2016. 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 ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

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. 

You began a period of active duty in the Navy on 18 July 1989. You served over one year 
without disciplinary incident. On 24 August 1990, you received nonjudicial punishment (NJP) 
for unauthorized absence (UA), and were awarded forfeiture ofpay of$100 per month for I 
month, 15 days extra duty, and 15 days restriction. On 26 October 1990 you received a second 
NJP for UA, and were awarded seven days ofextra duty and seven days restriction. On 15 April 
1991, you were convicted in the Superior Court of  ofkidnapping for ransom, reward, 
extortion or robbery, and sentenced to restitution/fine of$4,000 and 4 years plus life, with 
possibility ofparole. On 29 October 1991, you singed a statement or awareness, and waived 
your right to appear before an administrative separation board. On 10 January 1992, you were 
discharged from the Navy with an other than honorable characterization ofservice. 

The Board considered that your final summary trait average was 3.60. When making its 
determination, the Board noted that you submitted a statement with your request for correction 
that provides background information about your personal circumstances prior to your enlistment 
and the issues you faced during your military service. 

The Board, in its review of your entire record and application, carefully weighed all potentially 
mitigating factors, such as your youth, the trauma and abuse you suffered prior to your 
enlistment, and your struggles with trust and authority. Nevertheless, the Board found that these 
factors were not sufficient to warrant recharacterization of your discharge given the seriousness 
ofyour 1991 criminal conviction ofkidnapping for ransom, reward, extortion, or robbery before 
the The Board determined that your commission ofa serious 
offense, as reflected by the conviction, warrants an other than honorable characterization of 
service. Accordingly, your application has been denied. 

It is regrettable that the circumstances ofyour case \are such that favorable action cannot be 
taken. You are entitled to have the Board reconsider its decision upon submission of new and 
material evidence within one year from the date of the Board's decision. New evidence is 
evidence not previously considered by the Board prior to making its decision in your case. 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