Docket No: 

Ref: Signature date 

 

Dear :

This 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 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, sitting in executive session, considered your application on 4 June 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy on 22 June 1979.  During the period from to 10 October 1979 to 11 June 1981, your received three non-judicial punishments for unauthorized absence (UA) for one day, three specifications of absence from appointed place of duty, possession of marijuana, and possession of two pills without a prescription. On 23 July 1981, you were convicted by special court-martial (SPCM) of five specifications of UA totaling 309 days. On 
16 March 1982, a SPCM convicted you of UA totaling 75 days and wrongful possession of drug paraphernalia. You were sentenced to confinement for 60 days, forfeiture of pay, and a bad conduct discharge (BCD). On 19 May 1983, you received NJP for three specifications of UA totaling 136 days. After the BCD was approved at all levels of review, you were discharged on 
5 March 1984.
 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and contentions that you went UA because your fiancé was having a baby, you were denied leave, and you turned yourself in after a week. However, the Board found that these factors were not sufficient to warrant relief given your four NJPs, two SPCMs, and lengthy periods of UA. In regard to your contention that you went UA because your fiancé was having a baby and you were denied leave, the Board noted that there is no evidence in your record, and you submitted none, to support your contention. The Board also noted that you were in a UA status on 10 separate occasions prior to being discharged. 

 

It is regretted that the circumstances of your case are such that favorable action cannot be taken. You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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,