Docket No: 1419-21 
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 7 April 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). 
 
The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy on 28 December 1978.  During the period from 8 January to 21 March 1980, you received 2 non-judicial punishments (NJPs) for 2 specifications of unauthorized absence (UA) totaling 37 days, and 3 specifications of missing ship’s movement.  On 28 October 1980, a special court-martial (SPCM) convicted you of UA totaling 12 days and 1 specification of missing ship’s movement.  You were sentenced to confinement for 60 days, reduction to E-1, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 27 June 1983.  
 
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 you went into a UA status because your wife was raped while pregnant, and when your command did not help, you left in order to return her to  where your wife  would be safe.  The Board also noted your contention that you went in a UA status the second time because your new born daughter required heart surgery and your command denied you permission to go help your wife with your daughter.   
 
The Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  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 your two 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 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, 
4/15/2021
Executive Director