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


Docket No: 1902-19 
Date: Ref Signature                
 

Dear: 
 
This is in reference to your application of 25 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 4 March 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 service on 6 September 1983.  You went on unauthorized absence (UA) from 22 May 1984 until your surrender on 21 July 1984.  You went on another period UA from 16 October 1984 until your apprehension by civilian authorities on 22 June 1987.  On 19 August 1987, you received a general court-martial (GCM) conviction for desertion.  You were sentenced to a confinement, forfeiture of pay, reduction in rank, and a bad conduct discharge (BCD).  On 11 March 1988, you were discharged with a BCD. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention of youth and discrimination because of your race.  Concerning your assertion of racial prejudice, there is no indication in the record that such problems, if they existed at the time of your service, were so serious as to excuse you of responsibility for your actions or were sufficiently mitigating to warrant recharacterization.  The Board has no authority to consider contentions pertaining to improprieties in courts-martial and must limit its review to determining whether the sentence should be modified as a matter of clemency.  The Board concluded that the severity of your misconduct which resulted your GCM conviction and subsequent BCD was not enough to outweigh the significant misconduct you committed and that clemency should not be granted.  
 
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.