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

Docket No: 8511-18 
Ref: Signature Date

Dear	:

This letter is in reference to your application of 17 September 2017 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 23 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, relevant portions of your naval record, and applicable statutes, regulations, and policies.

You enlisted in the Navy and began a period of active duty on 19 January 1979. You subsequently completed this enlistment with an honorable characterization of service on 15 January 1982 and reenlisted on 16 January 1982.  During the period from 17 June 1982 to 6 June 1984, you received three non-judicial punishments (NJP) for three periods of unauthorized absence totaling 34 days, failure to obey a lawful order and disrespect towards a superior commissioned officer. On 23 August 1985, you were convicted by special court-martial (SPCM) of four specifications of unauthorized absence totaling 223 days. You were awarded as punishment reduction in rank, forfeiture of pay, confinement, and discharge from the naval service with a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 23 February 1988.

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge. The Board considered your contention that you were unable to mount a defense on your behalf and you were not allowed to have character witnesses, both of which create an injustice.  The Board has no authority to set aside a court-martial conviction and mustlimit its review to determining whether the sentence should be modified as a matter of clemency.  Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.”  The Board determined that no clemency is warranted in your case.  In this regard, the Board considered your contention, but concluded that there was insufficient evidence to warrant clemency given the severity of your misconduct that resulted in a BCD.  The Board in its review discerned no material error or injustice in your discharge, nor did it find that clemency was warranted.

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.