Docket No: 2551-19 
Date: Ref Signature                
 
 
 
Dear : 
 
This is in reference to your application of 11 February 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 2 April 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 reenlisted in the Navy and continued a period of active service on 15 October 1981.  On 10 August 1983, you were convicted at a special court-martial (SPCM) for commission of sodomy, and two specifications of wrongfully solicit to commit sodomy.  You were sentenced to confinement, reduction in rank, and a bad conduct discharge (BCD).  On 2 April 1983, you were discharged with a BCD, as a result of your special court-martial conviction. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that time has passed and you are a good American citizen.  The Board commends your post-service conduct.  Notwithstanding, you are advised that there is no provision in law or regulations that allows for recharacterization automatically due solely to the passage of time.  The Board concluded that there was 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.