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

Docket No: 8760-18 
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 30 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 and began a period of active service on 12 January 1987.  You went on a period of unauthorized absence (UA) from 15 December 1987 to 22 December 1987.  On 7 April 1988, you received non-judicial punishment (NJP) for disorderly conduct.  On 31 August 1988, you were convicted at special court-martial (SPCM) for UA (31 May 1988-20 July 1988), and missing ships movement.  You were sentenced to reduction in rank, forfeiture of pay, and a bad conduct discharge (BCD).  On 7 December 1989, you were discharged with a BCD by reason of conviction by special court-martial. 
 
The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge, and contentions that you went UA to help your father while he was ill and you need an upgrade to visit your family on base in .  The Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board concluded that these factors were not sufficient to warrant an upgrade to your discharge based on the severity of your misconduct, which resulted in a SPCM conviction and subsequent BCD.  Lastly, the Board in its review discerned no material error or injustice in your discharge.  With regard to your 
visiting family, a waiver for base access may be requested prior to visiting the installation. 
 
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.