Docket No: 3877-18 
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 that 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 3 July 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 7 June 1988.  On 6 July 1989, you absented yourself from you unit without authorization, and remained so absent until you surrendered to military authorities on 12 February 1990.  On 1 May 1990, you were convicted by special court-martial (SPCM) of unauthorized absence from your unit for a period of four days, and wrongful use of marijuana, methamphetamine, and cocaine.  The sentence included confinement at hard labor, forfeitures of pay, and to be discharged from the naval service with a bad conduct discharge (BCD).  On 12 February 1991, you received the BCD after appellate review was complete. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your contention that you were young, had a drinking problem and received no help or direction.  The Board concluded that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in a SPCM conviction and wrongful drug use in light of the Navy’s policy of “zero tolerance.”  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 considered your youth and immaturity as factors but noted that there was nothing in your record, and you did not submit any supporting documentation, to show that you tried to solve your drinking issue through standard military channels.  Accordingly, the Board determined that no clemency is warranted.   
 
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 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, 
 
8/30/2019
Executive Director