Docket No: 10524-18 
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 13 November 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 reenlisted in the Navy on 2 August 1984, after nearly four years of honorable prior service.  You served for two years and three months without disciplinary incident, but during the period from 19 November 1986 to 6 March 1987, you received nonjudicial punishment (NJP) on three occasions.  Your offenses were wrongful use of cocaine, three specifications of failure to go to your appointed place of duty, and unauthorized absence (UA) from your unit for three days.  On 21 March 1989, you were convicted by special court-martial (SPCM) of UA from your unit for periods totaling 619 days.  The sentence imposed was confinement, a forfeiture of pay, reduction in paygrade, and a bad conduct discharge (BCD).  On 5 February 1990, you received the BCD after appellate review was complete. 
 
The Board carefully weighed all potentially mitigating factors, including your contention that you went UA during your second enlistment due to problems at home, including your character letters.  The Board concluded these factors were not sufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in three NJPs, an SPCM, and periods of UA totaling more than a year and eight months.  About your contention, 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.