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

Docket No. 1935-17 
OCT 09 2017 

Dear

This is in reference to your application for correction ofyour naval record pursuant to the provisions of 10 USC 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 case on its merits. A three-member panel ofthe Board for Correction ofNaval Records, sitting in executive session, considered your application on 31 August 2017. The names and votes ofthe members ofthe panel will be furnished upon request. Your allegations of error and iajustice 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, relevant portions ofyour naval record and applicable statutes, regulations and policies. 

A review of your record shows that you entered active duty with the Navy in January 1979. On 29 March 1982, the Physical Evaluation Board found you unfit for continued naval service due to a knee condition. However, you were subsequently convicted by a Special Court-Martial on 2 December 1982 for a number ofdrug related offenses resulting in a sentence that included a Bad Conduct Discharge (BCD). Due to your conviction, your PEB findings were set aside and you were eventually discharged with a BCD on 4 November 1983 upon the completion ofyour appellate review. 

The Board carefully considered your arguments that you did not commit the offenses for which you were convicted. You assert that you deserve a change to your narrative reason for separation and an upgrade to your characterization ofservice. Unfortunately, the Board disagreed with your rationale for relief. The Board concluded that insufficient evidence exists to grant clemency in your case. Your assertions, that you did not commit the misconduct that formed the basis for your conviction and discharge, did not convince the Board that you were wrongly convicted. Based on this finding, the Board also determined that your Disability Evaluation System case was appropriately closed upon your conviction since separation due to a punitive discharge, by regulation, superseded disability processing. Accordingly, the Board was unable to find an error or iajustice warranting a correction to your record and denied your application. 

Regarding your request to be assigned counsel to assist you with your application, the Board does not have authority to grant requests for counsel. 

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 of probable material error or injustice. 

Sincerely, 

Executive Director