Docket No: 397-20 
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 22 October 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, and policies. 
 
You enlisted in the Navy on 28 August 1981. On 30 December 1982, you received non-judicial punishment (NJP) for unauthorized absence (UA) totaling 38 days, and assault.  You were sentenced to restriction, forfeiture of pay, and reduction to E-1, which was suspended for six months.  On 4 March 1983, you received NJP for violation of article 134 which resulted in the vacating of your suspended reduction to E-1.  On 2 June 1983, you were in a UA status for one day.  On 13 January 1984, a special court-martial (SPCM) convicted you of two specifications of UA totaling 21 days and three specifications of absence from your appointed place of duty.  You were sentenced to confinement for 90 days, forfeiture of pay, reduction to E-1, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 15 April 1985, you were discharged.  
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, contentions that you were in the wrong place at the wrong time and were coerced into pleading guilty to a charge of dealing.  The Board noted there is no evidence in your record or submitted with your application to support your contentions.  After careful review, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. 
 
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,