DEPARTMENT OF THE NAVY 

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

Docket No: 575-16 
JAN 09 2017 

Dear : 

This is in reference to your application for correction ofyour record pursuant to the provisions of 
title 10, 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 of limitations and consider your application on its merits. 

A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 22 September 2016. The names and votes ofthe members of the 
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 record, and applicable statutes, regulations, 
and policies. 

After careful and consdentious 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, began a period ofactive duty on 25 October 1974, and served 14 
months without a disciplinary incident. Between 16 December 1975 and 31 March 1976, you 
received two nonjudicial punishments (NJP) for six days ofunauthorized absence (UA), missing 
movement, and UA from your appointed place of duty. 

On 24 February 1977, you were convicted by special court-martial (SPCM) for a UA period 
totaling 143 days. You were sentenced to confinement, a forfeiture ofpay, reduction in rank, 
and a bad conduct discharge (BCD). The BCD was subsequently approved at all levels of 
review, and on 27 September 1977, you were 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 contention that you 
were waiting, at your home, for a medical discharge, you did not think you needed to contact the 
Navy regarding the status ofyour discharge, and your mother.never received any correspondence 
from the Navy regarding your unauthorized absence. You also asserted that most ofyour UA 
time was spent in jail for a crime you didn't commit. Lastly, you contend that you love your 
country and loved serving in the Navy. Nevertheless, the Board concluded these factors were 
not sufficient to warrant recharacterization ofyour discharge given the severity ofyour 
misconduct and conviction by a SPCM. 

The Board noted that your court-martial conviction precluded the issuance of a fully honorable 
discharge under regulations in effect at the time. , Although the Board cannot set aside a 
conviction, it may grant clemency in the form ofchanging a characterization of discharge, even 
one awarded by a court-martial. Nonetheless, the Board did not find evidence of an error or 
injustice that warrants changing the discharge you received. In this regard, the Board determined 
that your desire and assertions were not enough to outweigh the significant misconduct you 
committed which resulted in a 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 a presumption ofregularity attaches to all official records. 
Consequently, when applying for a correction ofan official record, the burden is on the applicant 
to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director