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

Docket No: 7367-18 
Ref: Signature date

Dear	:

This letter is in reference to your application of 30 July 2018 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 that 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 12 August 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 22 July 1999. Although your record did not include the specifics of you special court-martial from the existing records it was evident that you were tried at a special court-martial, found guilty, and sentenced to a bad conduct discharge (BCD) during this period of service. Your case was appealed to the Navy- Marine Corps Court of Military Appeals and the BCD was affirmed.  You received a BCD on 11 September 2001.

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge to honorable and that it would mean a great deal to you.  The Board has no authority to consider contentions pertaining to improprieties in courts-martial and must limit its review to determining whether the sentence should be modified as a matter of clemency. Additionally, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  The Board considered your assertion that you have dealt with the consequences of this discharge for years and that it affects you when you look for work and your peace of mind.  Additionally, the Board considered your assertion that you made mistakes when you were young and don’t want those mistakes to follow you forever. The Board concluded these factors and assertions were not sufficient to warrant clemency given your misconduct which resulted in a special court-martial and a bad conduct discharge adjudicated at trial.

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.

Sincerely,