DEPARTMENT OF THE NAVY 

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

Docket No: 7274-16 

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 12 September 2017. The names and votes ofthe members of the 
panel will be furnished upon request. Your allegations of error and injustice 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. 

You enlisted in the Navy on 1July1977. On 17 January 1979, you were convicted by a special 
court-martial (SPCM) oftwo specifications ofunauthorized absence (UA) totaling 281 days. 
You were sentenced to confinement for 60 days, forfeiture ofpay, and a bad conduct discharge 
(BCD). After the BCD was approved at all levels ofreview you were discharged on 6 February 
1980. 

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. The 
Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your 
discharge and contention that you went UA to care for your ill mother. The Board concluded 
that these factors were not sufficient to warrant relief given your prolong period ofbeing in an 
U A status. In regard to your contention, the Board was sympathetic to your situation but found 
no error on injustice for the Navy assigning you a BCD. Accordingly, your application has been 
denied. 

It is regretted that the circumstances ofyour case are such that favorable action cannot be taken 
at this time. You are entitled to have the Board reconsider its decision upon the submission of 
new and material evidence. New evidence is evidence not previously considered by the Board. 
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 of an official naval record, the 
burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director