DEPARTMENT OF THE NAVY 

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

RLJ 
Docket No: 1086-18 
JUN 2 2 2016 

Dear 
5 U.S.C. 552(b)(6)
5 U.S.C. 
552(b)(6)
This is in reference to your application for correction of your naval record pursuant to the 
provisions ofTitle 10 of the United States Code, Section 1552. After careful and conscientious 
consideration ofthe 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 threemember 
panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 12 April 2018. The names and votes of the members of the panel 
will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted of your application, together 

with all material submitted in support thereof, relevant portions ofyour naval record and 
applicable statutes, regulations and policies. 

You enlisted in the Navy and began active duty on 14 September 1988. During the period from 
11 March to 27 July 1989 you received one nonjudicial punishment (NJP) and two summary 
court-martial (SCM) for fi ve periods of unauthorized absence totaling ninety-one days. On 23 
August 1989, you were notified of administrative separation action by reason of misconduct due 
to a pattern ofmisconduct and misconduct due to commission of serious military offenses. After 
you waived your procedural rights, your Commanding Officer recommended discharge under 
other than honorable (OTH) conditions by reason of misconduct. The discharge authority 
approved this recommendation and directed separation under other than honorable conditions by 
reason of misconduct. On 17 September 1989, you were discharged. 

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. 

The Board carefully weighed all potentially mitigating factors, such your desire to upgrade your 

discharge and contention that your discharge should be upgraded because you were forced by 

your wife to make certain decisions which affected your performance. You provided no 


RLJ 


Docket o: 1086-18 

information other than your statement to corroborate that personal problems existed. There is no 
evidence that you sought assistance through your chain of command for your personal problems. 
Your contention notwithstanding, the Board found that these factors were not sufficient to 
warrant relief in your case because of the seriousness of your repeated misconduct that resulted 
in one JP and two SCMs. The Board in its review discerned no impropriety or inequity in the 
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. ew evidence is evidence not previously considered by the Board. 
In this regard, it is important to keep in mind that a presumption ofregularity attaches to all 
official records. Consequently, when applying for a correction ofan official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

~~~ 

Executive Director 

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