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

Docket No: 8540-17 
Ref: Signature date

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 insufficient to establish the existence of probable 
material error or injustice.  Consequently, your application has been denied.

Although you did not file your application 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 30 January 2019. 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 in the Navy and began a period of active duty on 16 July 1991. During the period 
from 13 January to 14 March 1994 you received three nonjudicial punishments (NJP) for 
unauthorized absence at restricted muster, failure to follow a lawful regulation, and false 
pretenses. Additionally, you were counseled that any further deficiencies in your performance or 
conduct may result in disciplinary action and processing for administrative discharge under other 
than honorable conditions. Subsequently, administrative discharge action was initiated due to a 
pattern of misconduct and commission of a serious offense. After being afforded all of your 
procedural rights, you waived them, and your case was forwarded to the separation authority for 
review.  Your commanding officer recommended that you receive an other than honorable 
(OTH) discharge. The separation authority approved your separation from the Navy and on 15 
April 1994, you received an OTH discharge.

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge, contentions that you made a mistake in your youth, that the item found in your
closet was part of a memory, that you had no intention to violate the policies of the United States 
Navy, that its seal was broken, but sealed to preserve to its final destination, and that you have 
led an exemplary life since your discharge as evidenced by the supporting documentation 
submitted with your application. The Board appreciated your exemplary life since you left the 
Navy. With regard to your contentions about the item found in your closet and a broken seal, 
there was not sufficient evidence in the record to understand the significance of your contentions. 
The Board concluded these factors and assertions were not sufficient to warrant a change to your 
discharge given your misconduct which resulted in three NJPs, two of which occurred after you 
were counseled and warned about potential discharge.

Regrettably, the circumstances of your case are such that favorable action cannot be taken. You 
are entitled to have the Board reconsider its decision upon 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,

4/16/2019
 
Executive Director
 

























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