Docket No: 10066-18 
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 for Correction of Naval Records (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, sitting in executive session, considered your application on 16 September 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, 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 26 November 1985.  On 11 May 1986, you began a period of unauthorized absence (UA) that continued until you were apprehended on 20 September 1987.  On 22 October 1987, you were convicted by special general court-martial (SPCM) for violating Article 86 (UA) of the Uniform Code of Military Justice (UCMJ).  You were sentenced to forfeiture of pay, confinement, and a bad conduct discharge (BCD).  On 31 August 1988, after appellate review, you received a BCD discharge. 
 
You requested the Board upgrade your discharge to general (under honorable conditions).  You asserted that you deserve an upgrade because you did not commit a terrible offense against anyone other than yourself.  You stated you were very young and had a desire to help your mother at home because she was a single mother.  The Board was sympathetic to your desire change your characterization of service, but the Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of fairness or clemency.  In your case the Board determined no clemency is warranted.  The Board in its review discerned no material error or injustice in the discharge. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken.  You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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.