Docket No: 11606-19 
Ref: Signature Date     
                
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 for Correction of Naval Records, sitting in executive session, considered your application on 14 October 2020.  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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 25 August 1980.  On 3 January 1983, a special court-martial (SPCM) convicted of wrongful possession of marijuana, wrongful selling marijuana, wrongful transferring marijuana, and larceny of a government check.  You were sentenced to confinement for 105 days, forfeiture of pay, reduction to E-1, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 12 July 1984.  
 
The Board carefully weighed all potentially mitigating factors, including your desire to upgrade your discharge, and your contentions that you were slandered, lied on, never sold marijuana, the other Sailor involved was racist and lied, and you were falsely accused.  In this regard, the Board concluded that your SPCM conviction and BCD outweighed your desire to upgrade your discharge. 
 
Regarding your contentions, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions that you were slandered, lied on, never sold marijuana, the other Sailor involved was racist and lied, and you were falsely accused.  Accordingly, the Board determined that, based on the record, there was insufficient support for your request to upgrade your 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 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. 
 
                                                                              
Sincerely,