DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                 
Docket No: 8752-18 
Date: Ref Signature  

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 14 August 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, applicable statutes, and regulations and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 3 February 1981.  On 26 January 1982, you received non-judicial punishment (NJP) for possession of marijuana, two specification of disobeying a lawful order, provoking speeches and gestures, and unauthorized absence (UA).  On 20 July 1982, you were convicted at a special court-martial (SPCM) for conspiracy to commit theft, and larceny.  On 13 May 1983, you were convicted at a general court-martial (GCM) for attempt to rape, conspiracy, breaking and entering, and indecent assault.  You were sentenced to reduction in rank, confinement, and a bad conduct discharge (BCD).  On 11 September 1989, you were discharged with a BCD as a result of a GCM conviction. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention you could have had a better decision, and you were dealing with personal issues and you didn’t know how to deal with it.  The Board determined that your desire 
to upgrade your discharge was not enough to outweigh the significant misconduct you committed which resulted in one NJP, one SPCM, and one GCM.  The Board in it review discerned no material 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 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.