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

Docket No: 9035-17 
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 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 14 February 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. 

Regarding your request for a personal appearance, the Board determined that a personal 
appearance with or without counsel will not materially add to their understanding of the issue(s) 
involved. Therefore, the Board determined that a personal appearance was not necessary and 
considered your case based on the evidence of record. 

You enlisted in the Navy and began a period of active duty on 28 September 1983. On 21 May 
1986, you received non-judicial punishment (NJP) for an unauthorized absence and failure to 
obey a lawful order. On 11 June 1986, you received NJP for two specifications of absent from 
your appointed place of duty. On 22 October 1986, you again received NJP for failure to obey a 
lawful order. Subsequently, you were notified of pending administrative separation action by 
reason of misconduct due to pattern of misconduct. You elected your procedural rights to 
consult with legal counsel and to present your case to an administrative discharge board (ADB), 
however you had failed to return the election within the allotted five working days. Because 
your statement of awareness for or waiver of privileges was not returned within your 
commanding officer’s requirement of five working days all rights and privileges were waived. 
On 24 April 1987 you were discharged with an other than honorable character of service for 
pattern of misconduct. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade 
your discharge. The Board considered your contentions that you served honorably and 
discharged your duties responsibly in an exceptionally matter during your enlistment and you 
committed minor infractions, but they did not affect your duties or jeopardize the mission of the 
command. The Board concluded that these factors were not sufficient to warrant relief because 
of the seriousness of your repeated misconduct that resulted in three NJPs. The Board noted the 
record shows you were notified of and elected your procedural right to present your case to an 
ADB, but failed to return the statement of awareness regarding your procedural right within the 
timeframe, thus waiving all rights and privileges. After a thorough review of the facts and 
circumstances unique to your case, the Board discerned no impropriety or inequity in the 
discharge action that would warrant a change in your characterization of service. 

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, 

5/1/2019
Executive Director