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

Docket No. 1421-19

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 11 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, 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 19 July 1976.  On 24 July 1979, you were convicted by summary court-martial of unauthorized absence (UA) totaling 33 days and 26 specifications of failure to go to appointed place of duty.  During the period from 16 May 1980 to 20 November 1981, you received three non-judicial punishments (NJP) for three specifications of possession of marijuana, UA for 32 days, and missing ship’s movement.  On 19 August 1982, you were convicted by general court-martial (GCM) of attempting to wrongfully transfer cocaine, attempting to wrongfully possess cocaine, and wrongfully using marijuana.  You were sentenced to confinement for four months, reduction to E-1, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 19 December 1983. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that you were foolish, a stupid kid, worked hard, and have lived an honorable life since your discharge.  In regard to your contention that you were a foolish and stupid kid, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  In regard to your contention that you worked hard and lived an honorable life since discharge, the Board noted while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your discharge.  The Board concluded that the severity of your misconduct outweighed your desire to upgrade your discharge.  Furthermore, the Board discerned no probable material error or injustice in 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 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.