DEPARTMENT OF THE NAVY 

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

Docket No. 191-17 
JUL 05 2018 


This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of Title 10, United States Code, Section 1552. After careful and conscientious 
consideration of the entire record, the Board found the evidence submitted was insufficient to 
establish the existence of probable material error or injustice. Consequently, your application 
has been denied. 

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 of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 2 April 2018. 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 of your application, together 
with all material submitted in support thereof, relevant portions of your naval record and 
applicable statutes, regulations and policies. 

You enlisted in the Navy and began a period of active duty on 17 September 1991. During the 
period from 13 February to 17 December 1992, you received non-judicial punishment (NJP) on 
three occasions. Your offenses were unauthorized absence totaling two days and disobeying a 
lawful order. On 12 August 1193, you received a civilian convection for concealing or taking 
possession of merchandise; altering price tags (VA Statute 18.2-103 SC). On 8 December 1993, 
you received a fourth NJP for larceny and intent to defraud. Although available records lack 
separation proceedings with Commanding Officer comments, it appears from the service record 
book and separation reason on the DD214 that you signed that you requested to be separated in 
lieu of court martial then subsequently processed for separation after receiving four NJPs and 
one civilian conviction. In connection with this processing, you would have acknowledged the 
separation action and the separation authority would have approved the request for separation in 
lieu of court martial. The record clearly shows that on 13 January 1994, you were discharged 
with an other than honorable (OTH) separation by reason of in lieu of trial by court martial. 


The Board, in its review of your entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge and contentions that you were 
treated unfairly, accused of things you did not do, and experienced racial tension during your 
time ofservice. You further contend that you arc homeless and became drug addict as a result of 
being introduced to drugs while in the Navy and feel that a discharge upgrade would qualify you 
to receive veteran benefits so you can be afforded the drug rehabilitation treatment and resources 
you need to be successful. The Board detennined that you failed to provide evidence that you 
were treated unfairly, were a victim of racial tension, and that you were exposed to drug use 
while in the Navy. The Board concluded there was no error or injustice and believed that your 
repeated misconduct that resulted in four NJPs and a civilian conviction warranted the discharge 
you received. 

It is regretted that the circumstances of your 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 of probable material error or injustice. 

Sincerely, 

Executive Director