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

Docket No: 7447-17 
APR O9 2019 

Dear : 

This is in reference to your application for correction of your naval record pursuant to 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 or injustice. Consequently, yow-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 3 December 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, as well as 
applicable statutes, regulations, and policies. 

You enlisted and began a period of active service on 8 July 1993. On 31 January 1995, you 
received non-judicial punishment (NJP) for disrespect toward a Superior Petty Officer. You 
received NJP again, on 12 September 1995 for a period of unauthorized absence (UA) totaling 6 
days. On 10 October 1995, you received your third NJP for three specifications of failure to go 
to your prescribed point and place of duty. On 20 October 1995, you were notified of the 
initiation of administrative separations proceedings for misconduct, due to a pattern of 
misconduct, at which point, you waived your procedural rights. On 22 November 1995, tbe 
discharge authority approved your discharge with an other than honorable (0TH) 
characterization of service for pattern of misconduct. On 5 December 1995, you were 
discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge based on your contention that your Petty Officer destroyed your leave request and 
nothing was done about it. Additionally, you state you were offered an honorable discharge but 
when you went to sign the paperwork it listed a General Discharge, 0TH. You state you agreed 
to sign the documents because you were scared and you were told you could have it overturned. 

The Board noted there is no evidence in your naval record, and you have provided none, to 
support your contentions. The Board found that these factors were not sufficient to warrant relief 
in your case given the severity of your misconduct which resulted in three NJPs. In this regard, 
the Board concluded the seriousness of your misconduct outweighed your desire to upgrade your 
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