DEPARTMENT OF THE NAVY 

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

Docket No: 2185-17 
AUG 2 2 2018 


Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions oftitle IO ofthe United States Code, section 1552. After careful and conscientious 
consideration ofthe 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 ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 23 May 2018. 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 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 23 June 1980. You served for about 
nine months without disciplinary incident, but during the period from 30 March 1981 to 
22 February 1984, you received nonjudicial punishment (NJP) on five occasions. Your offenses 
were wrongful possession ofmarijuana, unauthorized absence (UA) from your unit for periods 
totaling 29 days, assault, and drunk and disorderly conduct. Subsequently, you were notified of 
pending administrative separation by reason of misconduct due to frequent involvement at which 
time you waived your procedural rights to consult with legal counsel and to prevent your case to an 
administrative discharge board (ADB). Your commanding officer recommended discharge under 
other than honorable conditions by reason of misconduct due to frequent involvement of a 
discreditable nature. The discharge authority approved this recommendation and directed 
separation under other than honorable conditions by reason ofmisconduct, and on 5 March 1984, 
you were discharged. 


The Board carefully weighed all potentially mitigating factors, such as your request that the 
Board would review your characterization on the bases of clemency. The Board concluded these 
factors were not sufficient to warrant relief in your case because ofthe seriousness ofyour 
repeated misconduct that resulted in five NJPs. Further, you were given an opportunity to 
defend your actions, but waived your procedural rights. Finally, the Board determined that your 
desire to upgrade your discharge was not enough to outweigh the significant misconduct you 
committed. The Board in it review discerned no impropriety or inequity in the discharge. 

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 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 ofprobable material error or injustice. 

Sincerely, 


Executive Director