DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                             
Docket No: 1396-19 
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, sitting in executive session, considered your application on 16 June 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 19 November 1979.  On 14 October 1980, you received nonjudicial punishment (NJP) for five days of unauthorized absence (UA) and wrongful use of marijuana onboard ship.  Based on your Certificate of Release or Discharge from Active Duty (DD Form 214) you received a bad conduct discharge (BCD) as a result of a special court-martial (SPCM) held on 20 July 1981.  After serving a period of confinement, you were returned to full duty on 18 December 1981.  Your DD Form 214 shows a period of UA from 18 December 1981 to 30 August 1983, approximately 636 days.  On 30 August 1983, you were discharged with a BCD.  Your original service record was incomplete and did not contain any documentation pertaining to your BCD.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.    
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, your assertion that you completed three years and eight months of your four-year commitment, and your desire to have your characterization of service upgraded.  The Board also considered your assertions that you were charged with passing five dollars’ worth of marijuana, and you are 57 years old and have no benefits.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your NJP, SPCM conviction, and very lengthy period of UA. 
 
Regarding your contention that you need VA benefits, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you may contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you may appeal that denial under procedures established by the VA. 
 
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,