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

Docket No: 3016-19 
Date: Ref Signature 

Dear: 

This is in reference to your application of 7 March 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 7 May 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, and applicable statutes, regulations, and policies.
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 

You enlisted in the Navy and began a period of active service on 11 October 1979.  On 21 May 1981, you received non-judicial punishment (NJP) for dereliction of duty, and two specifications of violation of a lawful written order.  On 20 October 1982, you were convicted at a special court-martial (SPCM) for two specifications of unauthorized absence (UA).  On 10 February 1983, you were counseled regarding your misconduct, and notified further deficiencies may result in the initiation of administrative separation processing.  On 17 February 1983, you were convicted at a summary court-martial (SCM) for three specifications of UA.  On 21 June 1983, you were convicted at a SPCM for UA.  You were sentenced to confinement, forfeiture of pay, and a bad conduct discharge (BCD).  On 8 May 1984, you were discharged with a BCD, as a result of your court-martial conviction. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention of the completion of your initial enlistment, and the hardship you experienced following the one-year extension of your enlistment.  The Board noted you failed to provide evidence to support your contention.  The Board considered your overall service and concluded that the severity of your repeated misconduct outweighed your current desire to upgrade 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,