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

Docket No: 8397-18 
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 1 October 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 5 November 1985. According to the information in your record, on 20 October 1986, you were convicted by a summary court-martial (SCM) for unauthorized absence (UA) totaling 34 days.  You were also in a UA status from 31 August to 2 September 1987 totaling two days. On 12 May 1988, you were convicted by special court- martial (SPCM) of UA totaling 88 days. You sentence included confinement for 60 days, forfeitures of pay, reduction to E-1, and to be discharged from the naval service with a bad conduct discharge (BCD). Although your service record is incomplete, the Board relied upon the presumption of regularity that attaches to all official records, and presumed that the officials acted in accordance with governing law and policy, and in good faith. After the BCD was approved at all levels of review, on 4 April 1989, you were discharged with a BCD.

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contention that you “gave [your] life to God” and have “been clean and sober” ever since.  However, the Board found that these factors were not sufficient to warrant relief given the seriousness of your misconduct as evidenced your lengthy periods of UA, and SCM and SPCM convictions.

Regarding your contention that you gave your life to God and have been clean and sober ever since, the Board noted while commendable, your post-service conduct does not excuse your conduct while enlisted in the Navy or the basis for your 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 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,