Docket No: 5856-20 
Ref: Signature Date 
              
Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 16 December 2020.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Navy and began a period of active duty on 5 June 1984.  During the period from 11 September 1984 to 30 April 1986, you received non-judicial punishment (NJP) four times.  Your offenses included, unauthorized absence, failure to obey a lawful order on two occasions, and being absent from your appointed place of duty on three occasions.  On 9 July 1986, you were convicted by a Special Court-Martial (SPCM) of wrongful possession of drug paraphernalia, wrongful solicitation to use cocaine, and wrongfully endeavoring to impede an investigation by destroying evidence.  As punishment, you were awarded reduction in rank, confinement, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 12 November 1987.    
 
The Board considered your contention that the BCD was wrongfully admitted, and you were slated to receive an administrative discharge, if not, an honorable discharge.  You contend that the BCD does not take into consideration all of your service in the Navy; and that it is not reflective of your total character in the military because you had exceptional conduct and were celebrated in your division.  You further state that you endured four months of hard labor in the brig, suffered a nervous breakdown, were reduced in rank, and fined.  You further contend that in light of the fact that you were recommended and asked to remain in the Navy after all that had occurred, your discharge was unjust. 
 
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 clemency.  The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge and your contentions as described above.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your four NJPs and SPCM conviction, outweighed these mitigating factors.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
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,