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

Docket No: 3036-17 

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 17 April 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 ofyour application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. 

You began a period of active duty in the Navy on 4 August 1994. You served over two years without disciplinary incident. On 28 January 1997, you received nonjudicial punishment (NJP) for failure to obey a lawful order and simple assault, and were awarded forfeiture ofpay and 20 days extra duty and restriction. You received a second NJP on 11 March 1998, for failure to absent without leave, failure to obey an order or regulation and drunken operation ofa vehicle. On 12 March 1998, you were notified ofadministrative separation proceedings against you with a recommendation for an other than honorable discharge characterization. You waived your right to appear before a board. On 2 April 1998, you were discharged from the Navy with an other than honorable characterization ofservice. 

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. The Board carefully weighed all potentially mitigating factors, such as your contributions prior to your misconduct as well as post service achievements. The Board also considered your desire to become a police officer and serve your country. The Board found that these factors were not sufficient to warrant recharacterization ofyour discharge given that you had two NJPs during your enlistment, and were afforded the right to contest the discharge and characterization before a board. 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