Dear : 

This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.  

A three-member panel of the Board, sitting in executive session, considered your application on 18 February 2021.  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 the 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, and applicable statutes, regulations, and policies. 

The Board carefully considered your request to remove the Record of Conviction by Court-Martial, and any other derogatory records, from your official military personnel file (OMPF).  The Board considered your contention that, contrary to the Record of Conviction by Court Martial that reflects a Bad Conduct Discharge (BCD), you received a General (Under Honorable Conditions) Discharge.  

The Board noted that, on 5 May 1967, you were convicted by Special Court Martial of violation of the Uniform Code of Military Justice (UCMJ), Article 86 and Article 134.  The sentence adjudged was a reduction in grade to private/E-1, confinement at hard labor (CHL) for six months, forfeiture of $60 per month for six months, and a BCD.  The sentence was approved and ordered executed by the Convening Authority on 1 June 1967.  However, only so much of the sentence as provided for CHL for six months, forfeiture of $60.00 per month for six months and reduction to private/E-1, was approved and ordered executed.  In the execution of those portions thereof adjudging CHL in excess of four months and forfeiture of $60.00 per month in excess of four months was suspended for the period of confinement, and 12 months thereafter, at which time, unless sooner vacated, the unexecuted portions of the sentence would be remitted without 
further action.  In other words, you were sentenced to a BCD, and that sentence was approved, but not executed.  The Board also noted that the 11 March 1966 letter removing your mark of desertion did not remove or invalidate your Special Court-Martial conviction or sentence.  The Board thus concluded that the Record of Conviction by Court-Martial, and related material, was appropriately filed in your OMPF. 

You are entitled to have the Board reconsider its decision upon the submission of new matters, which will require that you 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,