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

Docket No: 7813-18                                     
Ref: Signature Date 

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 21 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 28 July 1982.  You served for 11 months without disciplinary incident, but during the period from 8 June 1983 to 10 January 1984, received nonjudicial punishment (NJP) on three occasions.  Your offenses were drunk and disorderly conduct, willfully disobeying an order from a superior commissioned officer, failure to obey a lawful order, unauthorized absence (UA) from your unit for periods in excess of 29 days, and missing ship’s movement.  On 18 March 1985, you were convicted by special court-martial (SPCM) of UA from your unit for a period of 205 days.  The sentence imposed was confinement, a forfeiture of pay, reduction in paygrade and a bad conduct discharge (BCD).  On 8 April 1986, you received the BCD after appellate review was complete. 

The Board carefully weighed all potentially mitigating factors, including your request to upgrade your discharge and contentions that you had expected to have been turned over to military authorities while on military hold after arrest, that you turned yourself in, and that you regret the decisions of your youth.  The Board concluded your mitigating 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 over seven months.  The Board is prohibited by law from reviewing the findings of a court-martial, 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. 

Sincerely, 


9/20/2019