Docket No: 2616-20 
           5282-16 
Ref: Signature date 


Dear : 
 
This letter is in reference to your reconsideration request.  You previously petitioned the Board for Correction of Naval Records (Board) and were advised that your application had been denied.  Your case was reconsidered in accordance with Board procedures that conform to Lipsman v. Sec’y of the Army, 335 F. Supp. 2d 48 (D.D.C. 2004).  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.      
 
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 June 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, applicable statutes, regulations, and policies. 
  
You enlisted in the Navy and began a period of active duty on 14 January 1980.  On 7 July 1980, you were incarcerated by civilian authorities and charged with auto larceny and reckless driving. On 27 August 1980, you received nonjudicial punishment (NJP) for unauthorized absence (UA) from 7 to 15 July 1980.  On 31 October 1980, you began a period of UA that terminated with your surrender on 15 December 1980.  On 8 April 1981, you were convicted at a general court-martial (GCM) of theft of an automobile, UA, two specifications of wrongful possession of marijuana, wrongful appropriation of government property, wrongfully transferring marijuana, and wrongfully selling marijuana.  You were sentenced to two years confinement at hard labor, forfeiture of all pay and allowances, and a bad conduct discharge (BCD).  The confinement at hard labor in excess of nine months and forfeiture of all pay and allowanced in excess of $300 for nine months was suspended for a period of one year.  After completion of appellate review, your BCD was executed on 19 April 1983.   
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your assertions that the decision to deny your request for upgrade was unjust and further consideration should be made.  The Board also complied with the 2020 NDAA, which requires all evidence, including testimony from friends and colleagues, news articles and any supporting documentation submitted by veterans be reviewed.  Even after a review of the documentation submitted, the Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given the severity of your misconduct which resulted in an NJP, conviction at a GCM, and subsequent BCD.     
 
It is regretted that the circumstances of your reconsideration petition 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 the absence of new matters for reconsideration, the decision of the Board is final, and your only recourse would be to seek relief, at no cost to the Board, from a court of appropriate jurisdiction. 
 
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.