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

Docket No: 7208-17 
MAR 11 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 5 November 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 service on 17 June 1981. During the period from 
3 September 1982 to 30 November 1984 you received non-judicial punishment (NJP) on five 
occasions for assault with a deadly weapon: knife, destruction of military property of the United 
States, drunk and disorderly conduct, unauthorized absence (UA), missing ships movement, two 
specifications of marijuana use, and wrongful use of methamphetamine. On 5 December 1984, 
you were notified of administrative separation processing by reason of misconduct due to drug 
abuse and pattern of misconduct. You did not consult with counsel and waived your procedural 
rights. Your commanding officer recommended an under other honorable (OTH) character of 
service. On 3 January 1985, the discharge authority directed an OTH discharge by reason of 
misconduct, and on 10 January 1985, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your 
discharge and reinstatement of your awards, however, you contended that is no error or injustice 
in your records. The Board concluded there is insufficient evidence to warrant relief in your case 
given your repeated misconduct that resulted in five NJPs and an OTH discharge. In regards to 
your awards, a review of your record revealed your entitlement to the Sea Service Deployment 
Ribbon, which is indicated on your Certificate of Release or Discharge from Active Duty (DD 
Form 214). 

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 enor or injustice. 

Sincerely, 



 
Executive Director