Docket No: 8861-20
Ref: Signature Date              
        
MR 
                
Dear Mr. : 
 
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  
3 February January 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, 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 6 January 1966.  On 14 June 1966, you were convicted by special court-martial (SPCM) of two specifications of unauthorized absence totaling 29 days, failure to obey a lawful order and breaking restriction.  On 22 September 1966, you were again convicted by SPCM of unauthorized absence totaling 22 days.  On 25 October 1967, you were convicted by general court-martial (GCM) of two specifications of unauthorized absence totaling 243 days, failure to obey a lawful order and breaking restriction.  As punishment, you were awarded confinement, reduction in rank, forfeiture of pay, and a dishonorable discharge (DD).  After your imposed punishment was approved at all levels of review, you were discharged on 17 December 1968, your Certificate of Release from Active Duty (DD Form 214) reflected a bad conduct discharge (BCD).     
 
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 contentions that: (1) that your brother became paralyzed due to a work related accident; (2)  due to bad economic times, both of your parents were not working and your brother was the only source of income; (3) the pressure from your family to come home and help became overwhelming; (4) you applied for a humanitarian discharge through the Red Cross, but your request was denied; (5) you felt that you had no other choice but to go “AWOL;” and (6) you were confused and your thoughts were conflicted, but you felt the need to help your family was greater.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by two SPCM convictions and GCM conviction that resulted in a BCD, 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 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,