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

Docket No: 0410-20
Ref: Signature Date 

Dear : 

This is in reference to your application which was received on 6 December 2019 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 that the evidence submitted was insufficient to 
 
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 19 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, relevant portions of your naval record, and applicable statutes, regulations, and policies.

You enlisted in the Navy and began a period of active duty on 26 January 1988. On 5 May 1988, you were counseled regarding being dropped from A school due to academic failure.  On 9 February 1989, you were convicted by general court-martial (GEN) for violating Article 83 (fraudulent enlistment by concealing your arrest and charges of criminal sexual conduct with minors), Article 107 (false official statement), and Article 143 (indecent acts) of the Uniform Code of Military Justice (UCMJ).  On 1 June 1991 you were discharged with a dishonorable characterization of service. 

You request the Board upgrade your discharge to either a bad conduct discharge (BCD) or under other than honorable conditions (OTH) discharge. You assert:  “Enough time has elapsed as punishment for my actions.  Irealize I erred in my conduct.”  The Board was sympathetic to your desire change your characterization of service, but the Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of fairness or clemency.  In your case the Board determined no clemency is warranted and that your current characterization does not reflect an error or injustice that merits corrective action.  Further, there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time. 

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,