DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1997-16 
JAN 31 2017 

Dear 

This is in refer nee to your applic~tion for correction ofyour naval recLd pursuant to the 
provisions oftitle 10 of the United States Code, section 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 9 November 2016. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror and injustice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

You enlisted in the Navy and began a period ofactive duty on 14 June 1984. On 11 October 
1985, you were convicted by a special court-martial (SPCM) ofan unauthorized absence totaling 
104 days. You were adjudged confinement, forfeiture ofpay, reduction in rank to E-1 and bad 
conduct discharge (BCD). After the BCD was approved at all levels ofreview, on 18 September 
1986, you were so discharged. 

The Board, in its review of your entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge and your assertion that you 
were told that your discharge would be a General Under Honorable. The Board concluded these 
factors were not sufficient to warrant relief in your case given your misconduct and you provide 
no evidence to support your assertion. The Board concluded the severity ofyour misconduct, 
which resulted in a BCD, outweighed your desire to upgrade your discharge. Accordingly, your 
application has been denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken. 
You are entitled to have the Board reconsider its decision upon submission ofnew and material 
evidence within one year from the date of the Board's decision. New evidence is evidence not 
previously considered by the Board prior to making its decision in your case. In this regard, it is 
important to keep in mind that a presumption ofregularity attaches to all official records. 
Consequently, when applying fora correction ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely,