DEPARTMENT OF THE NAVY 

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

Docket No: 417-16 
JAN 03 2017 

Dear : 

This is in reference to your application for correction ofyour 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 ofNaval Records, sitting in executive session, 
considered your application on 2 September 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 ofthe 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 23 August 1977. You served 
without disciplinary action until 31 July 1979, when you received nonjudicial punishment (NJP) 
for unauthorized absence (UA). On 13 February 1980, you were convicted by special courtmartial 
(SPCM) ofUA and possession of drug paraphernalia. You were sentenced to 
confinement at hard labor, forfeiture ofpay, reduction in paygrade, and a bad conduct discharge 
(BCD). The BCD was approved at all levels ofreview, and on 16 April 1981, you were so 
discharged 

The Board, in its review ofyour entire record and application, carefully considered your desire to 
upgrade your discharge. The Board also considered potentially mitigating factors, such as your 
post-service commitment to good conduct. Additionally, there is no provision in law or 
regulations that allows for re-characterization ofa discharge due solely to the passage oftime. 
The Board concluded these factors were not sufficient to warrant recharacterization ofyour 
discharge, given the seriousness ofyour misconduct which resulted in an NJP and SPCM. 
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 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 of regularity 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