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


Docket No: 6841-17 
FEB 25 2019 

Dear : 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of title 10 of the 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 three-member 
panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 29 October 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 reenlisted in the Navy on 8 April 1985, after four years of honorable service. You were 
awarded your first Good Conduct Medal (GCM) on 7 February 1987. During the period from 22 
September 1989 to 6 June 1990, you received non-judicial punishment (NJP) on three occasions 
for insubordinate conduct toward a petty officer, two separate instances of striking or assaulting 
a petty officer, contempt or disrespect toward a petty officer, failure to obey an order or 
regulation, and dereliction in the performance of your duties due to negligence. On 1 July 1990, 
you were notified of the initiation of administrative separation proceedings by reason of 
misconduct due to a pattern of misconduct. You consulted with counsel and elected an 
administrative discharge board (ADB). On 14 November 1990, an ADB was convened and 
determined that you committed misconduct and recommended separation with a general (under 
honorable conditions) characterization of service. On 28 November 1990, after review of the 
ADB results, you declined to correct, challenge, or comment on the proceedings. On 30 
November 1990, your Commanding Officer recommended you for discharge for misconduct and 
forwarded his recommendation to the discharge authority. Subsequently, the discharge authority 
directed a general (under honorable conditions) character of service and on 9 January 1991, you 
were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge and expunge the terms of your discharge from your record. You also contend 
your record does not show a pattern of misconduct, you received a GCM, numerous accolades 
while in service, and that you have lived an honorable life since your discharge. The Board 
noted your GCM but also that your record contained three NJPs in a 10-month period. The 
Board commends your achievements since your discharge. However, there is insufficient 
evidence to warrant relief and discerned no impropriety or inequity in the discharge. 

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 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