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

Docket No: 3206-19 
Ref: Signature Date 

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 21 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, as well as applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active service on 11 May 1977.  On 20 September 1978, you received non-judicial punishment (NJP) for two specifications of unauthorized absence (UA) and two specifications of missing ships movement.  On 8 June 1979, you received NJP for two specifications of UA and missing ships movement.  On 10 June 1979, you were counseled regarding your misconduct and notified that further deficiencies may result in the initiation of administrative separation proceedings.  From the period beginning on 16 August 1979 to 13 September 1979, you received NJP on three occasions for the following offenses: UA for four days and twenty-two specifications of UA from your appointed place of duty.  On 1 June 1982, you were convicted at a SPCM for four specifications of UA and wrongful appropriation of government property.  You were sentenced to confinement, reduction in rank, and a bad conduct discharge (BCD).  On 19 May 1983, you were discharged with a BCD as a result of a special court-martial conviction. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention of good service until you were harassed by your Senor Chief.  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,