DEPARTMENT OF THE NAVY 

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

Docket No: 0097-16 

JAN 03 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 21 September 2016. The names and votes ofthe 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 ofthis 
Board. Documentary material considered by the Board consisted of your 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 enlisted in the Navy and began a period ofactive duty on 23 May 1988. During the period 
from 23 September 1988 to 31 January 1989, you received three nonjudicial punishments (NJP) 
for two periods ofunauthorized absence totaling 35 days and failure to obey a lawful order by 
wrongfully having alcoholic beverages in the Bachelor Enlisted Quarters (BEQ). Subsequently, 
you were notified ofadministrative separation, at which time you waived your right to consult 
with counsel and to present your case to an administrative discharge board (ADB). The 
commanding officer recommended administrative discharge under other than honorable (OTH) 
conditions. The separation authority approved this recommendation and directed administrative 
discharge by reason ofmisconduct due to commission ofa serious offense with an OTH 
discharge. On 21 February 1989, you were so discharged. 

The Board, in its review ofyour record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge and contention that you believe 
your discharge should have been honorable. The Board concluded these factors were not 
sufficient to warrant relief in your case given your misconduct. In this regard, the 
Board concluded the seriousness ofyour repeated misconduct, outweighed your desire to 
upgrade your discharge. 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 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 of regularity 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 of probable material error or injustice. 

Sincerely, 


Executive Director