DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 378-18 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 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 6 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 and began a period of active duty on 20 July 1984. On 20 September 1985, you received non-judicial punishment (NJP) for failure to go to your appointed place of duty and disobeying a lawful order. On 4 April 1986, you received a second NJP for assaulting two petty officers. You were UA from 16 to 28 April 1987. On 20 June 1987, you were referred to a medical board. You went UA again from 22 to 28 July 1987. On 8 October 1987, you were convicted at a special court-martial (SPCM) of unauthorized absence, assault, and breaking restriction. You were sentenced to confinement, forfeiture of pay, and a bad conduct discharge (BCD). On 11 March 1988, you discharged from the Navy with a BCD. In your application, you requested an upgrade of your characterization of service. You asserted that you were coerced into a plea by your counsel with threat of a higher court-martial and more time in the brig. You claimed your accuser faced no charges, there were no other witnesses, and, because there were no weapons used and no recorded injuries, it did not constitute an aggravated assault. Additionally, you stated your medical board records would support that you had a broken back at the time of the assault. The Board carefully weighed all potentially mitigating factors, such as your record of service and your contentions. The Board concluded these factors were not sufficient to warrant a change to your discharge given your misconduct. With regard to your contentions about issues at your SPCM, you waived your right to appellate and clemency review, and there is no indication you were coerced into accepting a SPCM. Additionally, your medical records do not contain a diagnosis of a broken back, and you did not provide any additional documentation regarding your medical condition. The Board was sympathetic to your desire change your characterization of service, but the Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of fairness or clemency. In your case, the Board determined no clemency is warranted. The Board, in its review, discerned no error or injustice in the discharge. 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 submission of new matters. 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, 6/4/2019