DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9049-17 Ref: Signature date Dear This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552. After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. Although you did not file your application 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, sitting in executive session, considered your application on 12 March 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, as well as applicable statutes, regulations, and policies. You enlisted in the Navy on 22 December 1978. During the period from 8 June 1979 to 11 August 1980, you received nonjudicial punishments (NJP) three times, for seven instances of unauthorized absence (UA) totaling 30 days and violating a lawful general regulation. On 14 November 1980, you were convicted by summary court-martial (SCM) of four instances of UA totaling 12 days and missing ship’s movement. You were also convicted by special court-martial (SPCM) of UA totaling 48 days. As a result, you were sentenced to confinement for 60 days, forfeiture of pay, and a bad-conduct discharge (BCD) that was suspended for one year. However, you were once again in a UA status from 1 April to 27 August 1981 totaling 148 days. As a result, your suspended BCD was vacated and you were discharged on 13 January 1983. The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you were very young and had problems adjusting to the Navy and being aboard a ship, you were forced to enlist into the Navy, you were bullied by shipmates, and went UA after your request to change commands was denied. However, the Board found that these factors were not sufficient to warrant relief given your misconduct, lengthy periods of UA, and SPCM conviction. In regard to your contention that you were very young when discharged, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions. In regard to the contentions that you had problems adjusting to the Navy and being aboard a ship, you were forced to enlist into the Navy, you were bullied by shipmates, and went UA after your request to change commands were denied, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions. 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, 6/13/2019 Executive Director