DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                                                            
Docket No: 3261-19               
Ref: Signature Date 

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 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, 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 on 25 July 1983.  On 22 May 1985, civil authorities convicted you of driving while intoxicated.  On 11 March 1986, you were convicted by special court-martial (SPCM) of making a false official statement and wrongful appropriation on 16 December 1985 and 20 December 1985.  You were sentenced to confinement for four months, reduction in rank, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 1 October 1987, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contentions that your discharge was unjust because it was based on one isolated incident in over two and a half years of service with no other adverse actions, and since discharge, you have been an outstanding citizen with no legal problems.  However, the Board concluded that your misconduct and SPCM conviction outweighed your desire to upgrade your discharge. 

In regard to your contention that your discharge was unjust because it was based on one isolated incident out of two years of service with no other adverse actions, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  Regarding your contention that since discharge, you have been an outstanding citizen with no legal problems, the Board noted that while commendable, your post service conduct does not excuse your conduct while enlisted in the Navy or the basis for your discharge. The Board discerned no probable material error or injustice in your discharge that warrants an upgrade in the characterization of your service. 

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, 

5/3/2020