Docket No: 8657-17
APR 30 2019						


Dear 

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, of the United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.  

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 of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 January 2019.  The names and votes of the 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 of this Board.  Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions of your naval record and applicable statutes, regulations and policies.

You enlisted in the Navy on 27 April 1981.  During the period from 15 September 1981 to 
3 February 1982, you received two non-judicial punishments (NJP) for wrongful possession of a controlled substance, two specifications of absence from appointed place of duty, unauthorized absence (UA) totaling one day 17 hours, and possession of marijuana.  On 9 December 1982, you were convicted by special court-martial (SPCM) of six specifications of UA totaling 79 days, failure to go to appointed place of duty, wrongful possessing, transferring, and selling marijuana, and wrongfully communicating a threat.  You were sentenced to confinement for 50 days, forfeiture of pay, and a bad-conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 22 August 1983.

The Board carefully weighed all potentially mitigating factors, such as the character letter, your desire to upgrade your discharge and contentions that it has been 30 years since your discharge and you were told your discharge would be upgraded after six months.  
However, the Board found that these factors were not sufficient to warrant relief given the seriousness of misconduct which resulted in two NJPs and a SPCM conviction. 

In regard to your contention that it has been 30 years since your discharge and you were told your discharge would be upgraded after six months, the Board noted that there is no provision in law or regulations that allows for re-characterization of a discharge automatically after six months or 30 years, due solely to the passage of time.  

It is regretted that the circumstances of your 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 of regularity 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