DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
            
Docket No: 8403-20 
                      
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 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 5 March 2021.  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, 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 10 August 1987.  On 10 October 1989, you began a period of unauthorized absence (UA) which lasted forty-nine days and resulted in your apprehension by civil authorities.  At that time, you were pending nonjudicial punishment (NJP) for larceny and pending investigation by the Navy Investigative Service (NIS) for larceny, fraud, and forgery of a  ATM.  On 18 October 1989, you missed the movement of the USS .  On 6 December 1989, you began a second period of UA which lasted twenty-two days.  On 27 December 1989, you were placed in pre-trial confinement. On 23 April 1990, you were convicted by a general court-martial (GCM) for UA, missing ship movement, and seven specifications of larceny.  On the same date, you were sentenced to a bad conduct discharge (BCD), reduction to the rank of E-1, confinement, and forfeiture of pay.  On 4 January 1991, your commanding officer (CO) approved your Mandatory Appellate Leave.  On 16 October 1991, you were discharged. 

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 remorse for your wrongful behavior.  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 GCM, outweighed these mitigating factors.  The Board noted you did submit five letters of support to be considered.  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,