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

Docket No: 8623-17 
APR 29 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 22 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 and 
applicable statutes, regulations and policies. 

You enlisted in the Navy on 3 May 2000. During the period from 23 May to 25 October 2002, 
you received two non-judicial punishments (NJP) for two specifications of unauthorized absence 
(UA) totaling 18 days and four hours and failure to obey an order or regulation. Subsequently, 
you were notified ofpending administrative separation action by reason of misconduct due to a 
pattern of misconduct. After you waived your procedural rights, your commanding officer (CO) 
recommended general under honorable conditions discharge by reason of misconduct due to a 
pattern of misconduct. The discharge authority approved this recommendation and directed a 
general under honorable conditions discharge by reason of misconduct. On 13 November 2002, 
you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as the information from the 
Department of Veteran Affairs (DVA), your desire to upgrade your discharge and contention that 
you would like your discharge upgraded in order to receive the 9/1 1 GI Bill benefits from the 
DVA. 

The Board concluded that this factor was not sufficient to warrant relief given your pattern of 
misconduct. In this regard, the Board concluded that the seriousness of your misconduct, as 
exhibited by your two NJPs, outweighed your desire to upgrade your discharge. 

In regard to your contention that you like to receive 9/11 GI Bill benefits from the DVA, the 
Board noted whether or not you are eligible for 9/11 GI Bill benefits is a matter under the 
cognizance ofthe DVA, and you should contact the nearest office of the DVA concerning your 
right to apply for benefits. If you have been denied benefits, you should appeal that denial under 
procedures established by the DVA. 

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