DEPARTMENT OF THE NAVY 

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

Docket No: 2801-16 
FEB 05 2017 

Dear 

This is in reference to your application for correction of yoJ naval record pursuant to the 
provisions oftitle 10 ofthe 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 of Naval Records, sitting in executive session, 
considered your application on 30 November 2016. The names and votes ofthe members of the 
panel will be furnished upon request. Your allegations of error and in justice were reviewed in 
accordance with administrative regulations and procedures applicable to the proceedings ofthis 
Board. Documentary material considered by the Board consisted of your 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 of active duty on 26 September 1978. On 
29 September 1980, you were convicted by a special court martial (SPCM) oftwo periods of 
unauthorized absence totaling 247 days. You were sentenced to a bad conduct discharge (BCD), 
confinement, forfeiture ofpay and reduction to paygrade E-1. After the BCD was approved at 
all levels ofreview, on 26 February 1982, you were so discharged. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge and your assertion that the 
issues are already listed in your military documents/records. The Board concluded these factors 
were not sufficient to warrant relief in your case given your misconduct/unauthorized absence. 
In this regard, the Board concluded the severity ofyour misconduct/unauthorized absence, which 
resulted in a BCD, outweighed your desire to upgrade your discharge. Accordingly, your 
application has been denied. 

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 ofnew and material 
evidence within one year from the date ofthe 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 for a correction ofan official naval record, the burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director