Docket No: 9018-19 
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 25 September 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, and applicable statutes, regulations, policies. 
 
You enlisted in the Navy on 27 August 1986.  On 19 June 1989, you were convicted by special court-martial for unauthorized absences from 31 May 1988 to 29 June 1988, 12 July 1988 to 1 September 1988, 6 September 1988 to 8 September 1988, and 9 September 1988 to 10 April 1989.  You were sentenced to confinement, reduction in rank, and a bad conduct discharge (BCD).  Although the appellate review documentation is not in your record, a review of your Certificate of Release or Discharge from Active Duty (DD Form 214) reveals your BCD was subsequently approved at all levels of review, and, on 10 July 1990, you were discharged. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your acceptance of “full responsibility” for your actions and contention you are currently receiving counseling and medication due to Post-Traumatic Stress Disorder (PTSD).  The Board noted you did not submit any supporting medical documentation with your submission or in response to the Board’s letter request of 9 October 2019, supporting documentation regarding the traumatic event which resulted in your PTSD diagnosis, or any documentation to be considered for clemency purposes.  In the end, the Board noted that although it cannot set aside a conviction, it may grant clemency in the form of changing a characterization of service, even one awarded by a court-martial.  Unfortunately, the Board, even applying liberal consideration, did not find evidence of an error or injustice that warrants changing your BCD.  
 
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,