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

Docket No. 9017-17 
APR 02 2018 

Dear , 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions of title 10 ofthe United States Code, section 1.552. 

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 threemember 
panel of the Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 12 February 2018. The names and votes ofthe members ofthe 
panel will be furriished 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, relevant portions of your naval record and 
applicable statutes, regulations and policies. 

You enlisted in the Navy and began a period ofactive.duty on 5 July 1977. On 10 January 1978, 
you received nonjudicial punishment (NJP) for possession and use of marijuana. On 8 
November 1979, you were convicted at special court-martial (SPCM) of unauthorized absence 
(UA) totaling 129 days. You were sentenced to confinement, reduction in paygrade, forfeiture of 
pay, and directed to be discharged with a bad conduct discharge (BCD). On 26 January 1980, 
you began a period of U A that totaled 2, 498 days and was terminated by your apprehension by 
civilian authorities. On 31 December 1986, you were convicted at SPCM for the 
aforementioned period ofUA and sentenced to a BCD. On 2 November 1987, you were 
received a BCD by reason ofconviction at SPCM after appellate review was complete. 

After careful and conscientious consideration ofthe entire record, the Board found that the 
evidence submitted was insufficient to establish the existence of probable material error or 
injustice. The Board, in its review of your record, and application with supporting 
documentation, carefully weighed all potentially mitigating factors, such as your desire to 
upgrade your character of service and your contentions that you were young, immature, and 
made poor decisions that led to your SPCM convictions. The Board concluded that the 
seriousness ofyour misconduct that resulted in receiving NJP and two SPCMs, and your Jong 
period cifbeing UA outweighed your desire to upgrade your discharge. Accordingly, your 
application has been denied. 

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 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