Docket No: 4031-19 
                        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 26 May 2020.  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 enlisted in the Navy on 27 February 1981.  On 6 August 1981, you received non-judicial punishments (NJP) for unauthorized absence (UA) and failure to go to your appointed place of duty. On 21 August 1981, you again received NJP for two specifications of failure to go to your appointed place of duty, going from your appointed place of duty, and failure to obey a lawful order.  On 21 July 1984, you were convicted by special court-martial (SPCM) of UA totaling 948 days.  You were sentenced to confinement for 90 days, reduction to E-1, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 5 December 1986, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge; contention that you went into a UA status because you believed your wife, who was serving in the Army, was pregnant; and you wanted out of the Navy.  The Board also noted your contention that since discharge, you have maintained a criminal free record, retired from nursing, and worked with teenagers who suffered from mental issues and drug addiction.  
However, the Board concluded that your misconduct and SPCM conviction outweighed your desire to upgrade your discharge. 
 
In regard to your contentions that you went into a UA status because you believed your wife, who was serving in the Army, was pregnant; and you wanted out of the Navy, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that you were convicted by a SPCM and sentenced to a BCD.  Regarding your contention that since discharge, you have maintained a criminal free record, retired from nursing, and worked with teenagers who suffered from mental issues and drug addiction, the Board noted that, while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for 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 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, 
 
                                                                         6/30/2020