Docket No: 10286-19                                          
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 13 November 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 duty on 25 March 1985.  You served for a month without disciplinary incident, but during the period from 17 April 1985 to 3 June 1985, you received nonjudicial punishment (NJP) on two occasions.  Your offenses were assault and failure to go to your appointed place of duty.  On 3 April 1989, you were convicted by special court-martial (SPCM) of three specifications of larceny, of both personal and Government property, totaling approximately $1,700.00.  The sentence imposed included confinement, forfeitures of pay, reduction in paygrade, and to be discharged from the naval service with a bad conduct discharge (BCD).  On 15 June 1990, you received the BCD after appellate review was complete. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your contentions that prior to the court-martial you evaluations were always 3.8, that “many of the items found were not what they were looking for or what [you] gave written permission to look for,” and that you are guilty but would like a reconsideration.  However, the Board concluded 
that these factors were insufficient to warrant relief in your case because of the seriousness of your misconduct that resulted in two NJPs, and an SPCM conviction.  Regarding your contentions, the Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of fairness or clemency.  In your case, the Board determined that no clemency is 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.