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

Docket No: 8265-18 

 Date: Ref Signature 

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 
28 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 service on 3 September 1980. On 
24 November 1981, you were convicted at special court-martial (SPCM) for larceny, and 
burglary. From the period beginning on 13 February 1984 to 13 June 1986 you received non-
judicial punishment (NJP) on four occasions for the following offenses: two specifications of 
assault, wrongfully and unlawfully making a false statement under oath, wrongful use of 
marijuana, and four specifications of unauthorized absence (UA). On 17 April 1987, you were 
convicted at your second SPCM for wrongful use of cocaine, wrongful use of marijuana, and 
failure to obey a lawful order. You were sentenced to confinement, forfeiture of pay, and a bad 
conduct discharge (BCD). On 4 September 1987, the convening authority approved and directed 
your sentence. On 3 May 1989, you were discharged with a BCD. 

The Board carefully weighed all potentially mitigating factors, and contention you have not 
received any update that your discharge has been upgraded. You state, you are unable to use any 
Department of Veterans Affairs (VA) benefits because of your BCD. There is no requirement or 
law that grants recharacterization solely on the issue of obtaining veterans benefits. The VA 
determines eligibility for post-service benefits, and you may be eligible based on a limited period 
of your service. The Board in its review discerned no material error or injustice in your 
discharge. The Board lacks authority to change a court-martial conviction and may only act in 
matters of clemency. Upon review of your case, the Board found insufficient evidence to 
warrant clemency. 

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.