DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
             
Docket No: 1257-19                                   
Ref: Signature Date 

Dear 

This is in reference to your application of 2 January 2019 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 26 February 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 27 December 1977.  On 23 May 1980, you received non-judicial punishment (NJP) for disrespect.  On 18 July 1980, you again received NJP for an unauthorized absence and missing ship’s movement.  On 12 August 1980, you were convicted by special court-martial (SPCM) of two specifications of unauthorized absence for the periods of 26 January 1980 to 28 April 1980 and 2 June 1980 to 16 June 1980.  As punishment, you were awarded confinement, reduction in rank, forfeiture of pay and discharge from the naval service with a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 18 December 1981.
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that the other individual who went to SPCM with you received a general discharge.  You further contend that you were “young and stupid” and did not understand the consequences.  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 clemency.  Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” The Board determined that no clemency is warranted in your case.  In this regard, the Board considered your contention but concluded that there was insufficient evidence to warrant clemency given the severity of your misconduct that resulted in a BCD.  In its review, the Board discerned no material error or injustice in your discharge, nor did it find that clemency was 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. 

Sincerely, 

3/23/2020