Docket No: 723-20
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 for Correction of Naval Records, 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 reenlisted in the Navy on 22 January 1982.  According to the information in the record, on 10 May 1984, a special court-martial (SPCM) convicted you of unauthorized absence (UA) totaling 438 days.  You were sentenced to a period of confinement, forfeiture of pay, reduction to E-1, and a bad conduct discharge (BCD).  Although the Board lacked your entire service record, based on the information provided in your DD-214 and the available documents, the Board relied on a presumption of regularity that you conferred with a qualified military lawyer, at which time you were advised of your rights and warned of the probable adverse consequences of receiving a bad conduct discharge (BCD).  You were discharged from the Navy with a BCD on 12 April 1985. 
 
The Board carefully weighed all potentially mitigating factors, such as character letters, information from the , and your desire to upgrade your discharge.  The Board noted all of your contentions, including but not limited to that: (a) you were accused of not being married even though you provided a valid marriage certificate; (b) you attempted to further explain yourself but it fell on deaf ears; (c) you are not sure if the situation was racially motivated; you were able to achieve the rank of E-5 before reenlisting, you were a 4.0 Sailor; (d) you need Department of Veteran Affairs (DVA) benefits; and (e) you are currently you are receiving SSI from the Social Security Administration (SSA) due to liver failure.  In this regard, the Board concluded that the misconduct detailed in your record outweighed your desire to upgrade your discharge. 
 
In regard to your contentions that you were accused of not being married even though you provided the marriage certificate, you went UA in order to save your family, and an error in disbursement lead to your downfall, the Board noted that there is no evidence in your record, and you submitted none, to support these contentions.  In regard to your contention that you received a discharge with no punishment, the Board noted that the record contains documented evidence which is contrary to this contention.  The record shows that a SPCM convicted you of UA totaling 438 days and sentenced you to a BCD.  In regard to your contention that you were able to achieve the rank of E-5 before reenlisting and you were a 4.0 Sailor, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during that period of enlistment.  In regard to your contention that you need DVA benefits, the Board believes that you may be eligible for veterans’ benefits, which accrued during your prior periods of service.  However, your eligibility is a matter under the cognizance of the DVA.  In this regard, you should contact the nearest DVA office concerning your rights, specifically, and whether or not you are eligible for benefits based on these other periods of service.  Regarding your contention that you are currently receiving SSI benefits the SSA due to liver failure; the Board noted that the SSA only has the authority to determine your eligibility for SSA benefits.  The Board also noted that the decision of the SSA does not have the authority or ability to change your naval record. 
 
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,