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

Docket No: 7675-18 Date: 
Ref Signature

Dear	:

This letter 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 for Correction of Naval Records, sitting in executive session, considered your application on 4 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, together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies.

You enlisted in the Navy and began a period of active service on 7 March 1979. On 26 July 1979, you received non-judicial punishment (NJP) for unauthorized absence (UA), and missing movement. On 9 September 1982, you were convicted at special court-martial (SPCM) for three periods of UA. You were sentenced to confinement, forfeiture of pay, reduction in rank, and a bad conduct discharge (BCD). On 23 December 1982, the convening authority approved and directed your sentence. On 3 August 1983, you were discharged with a BCD.

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, and a correction to your sea service and primary specialty. Additionally, you contend you were unjustly court-martialed because of recruiter fraud, and your drug and alcohol problem at the time of your discharge that was not addressed. The Board noted that there is no evidence in your record, and you submitted none, to support your contentions of adjustment to your sea service and primary specialty. 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.  Further, the Board concluded there is insufficient evidence to warrant relief in your case given your misconduct which resulted in an NJP and a SPCM. In this regard, the Board concluded the seriousness of your misconduct outweighed your desire to upgrade your discharge. The Board in its review discerned no impropriety or inequity in your 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 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,