Docket No: 3278-19 
Date: Ref Signature 

Dear 


This is in reference to your application of 13 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 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, relevant portions of your naval record, and applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active service on 19 August 1969. From 4 April 1970 to 24 March 1971 you received NJP on three occasions for the following offenses: failure to go at the prescribed time to place of duty, unauthorized absence (UA), and two specifications of disrespect toward a superior warrant officer.  On 31 July 1971, you were convicted at a summary court-martial (SCM) and two specifications of UA.  On 7 September 1971, you were counseled regarding your deficiencies in conduct.  On 24 September 1971, your Commanding Officer recommended your discharge by reason of convenience of the government.  On 24 November 1971, you were convicted at a special court-martial (SPCM) for two specifications of assault.  You were sentenced to confinement, reduction in rank, and a bad conduct discharge (BCD).  On 31 January 1973, the US Navy Court of Military Review dismissed one specification of assault, but the remaining findings of guilty and your BCD were approved.  On 21 August 1974, you were discharged with a BCD, as a result of a court-martial conviction. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge.  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.