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

Docket No: 1611-19 
Ref: Signature date 

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 9 September 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 and served honorably from 27 September 1963 until 24 May 1965.  On 25 May 1965, you reenlisted and began another period of active duty.  On 11 September 1967, you received nonjudicial punishment (NJP) for unauthorized absence (UA).  On 28 September 1967, you received a second NJP for sleeping on watch.  On 10 April 1968, you were convicted by special court-martial (SPCM) for UA of 46 days.  On 11 December 1968, you were again convicted by SPCM for UA, larceny, breaking restriction and wrongful possession of another Sailor’s identification card.  You were sentenced to forfeiture of pay, confinement, and a bad conduct discharge (BCD).  On 18 March 1969, an appellate review of your case was completed; the findings and sentence were approved.  On 1 May 1969, you received NJP for UA of 28 days.  On 9 September 1969, you received another NJP for UA of 27 days.  On 15 September 1969, your BCD was executed. 

You requested the Board change your BCD to general (under honorable conditions). You asserted that you served honorably up until 1968.  You asked the Board to consider your youth and immaturity.  You stated you turned myself in the first time you went UA because you were told that no charges would be filed if you went back to your squadron. At that time, your unit was at the air terminal and the shore patrol could not locate them, therefore, you were left in the       .  You stated that, after going UA again, you were taken to a SPCM and received a BCD discharge. After your release from confinement you were transferred to                      ,                    .  You stated you figured your career was over and you just wanted out.  Lastly, you expressed regret for what you did and wished you could do it all over again. 

The Board was sympathetic to your desire to change your characterization of service, but 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 fairness or clemency.  In your case the Board determined no clemency is warranted.  The Board, in its review, discerned no material error or injustice in the discharge given your misconduct that resulted in two SPCMs and four NJPs, two of which occurred after you had been sentenced to a BCD.  With respect to your contention that you served honorably until 1968, the Board noted you received two NJPs in 1967.  The Board, therefore, found no basis upon which to change your discharge characterization. 

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, 


10/18/2019