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

Docket No: 0265-19 
Date: Ref Signature 

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 8 January 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. On 25 June 2019, the Board wrote to you requesting additional information to support your assertions of anxiety and depression.  When you did not provide a sufficient response, your case was reviewed by the Board. 

You enlisted in the Navy and began a period of active service on 3 October 1978.  On 22 March 1979, you received non-judicial punishment (NJP) for three periods of unauthorized absence (UA) and disrespect toward a petty officer.  On 29 May 1979, you received NJP for six specifications of UA and violation of an order.  On 30 May 1979, you were counseled regarding your misconduct.  On 21 June 1979, you received NJP for two periods of UA and failure to obey a lawful order.  On 29 October 1979, you were convicted at a general court-martial (GCM) for conspiracy and stealing by means of force.  You were sentenced to a confinement, reduction in rank, and bad conduct discharge (BCD).  On 23 July 1981, you were discharged with a BCD. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you were emotionally and mentally unstable and that these issues were not addressed.  The Board noted that there is no evidence in the record, and you submitted none, to support your assertion that you suffered from mental and emotional issues. 

The Board concluded that the severity of your misconduct, which resulted in your GCM conviction and subsequent BCD, outweighs your desire to upgrade your discharge.  Lastly, the Board in its review discerned no 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. 

Sincerely,