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

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 10 December 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 on 2 August 1982.  During the period from 12 April 1984 to 1 April 1985, you received four non-judicial punishments (NJP) for three specifications of unauthorized absence (UA) totaling 21 days and violating a lawful general order or regulation.  The following day, on 2 April 1985, you broke restriction and commenced another period of UA.  On 5 May 1985, you were declared a deserter.  You returned on 18 May 1985, but on 20 May 1985, you again broke restriction and absented yourself without authorization until 2 July 1985.  On 9 August 1985, you were convicted by special court-martial (SPCM) of two specifications of UA totaling 88 days and two specifications of breaking restriction.  You were sentenced to confinement for 90 days, reduction to E-1, forfeiture of pay, and to be discharged from the naval service with a bad-conduct discharge (BCD).  After the BCD was approved at all levels of review, on 23 December 1986, you were so discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, contentions that you served two years and nine months on active duty, had positive evaluations, and served overseas twice prior to being discharged.  However, the Board concluded that the severity of your misconduct and lengthy periods of UA outweighed your desire upgrade your discharge. 

Regarding your contention about the length and quality of your service, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment. 

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. 

Sincerely, 


1/15/2020