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

Docket No: 3682-19               
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 12 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 on 25 June 1975.  On 1 October 1975, you received non-judicial punishment (NJP) for unauthorized absence (UA) totaling 40 minutes.  On 8 January 1977, you were convicted by special court-martial (SPCM) of wrongful disposition of government property valued at $1,490.00.  You were sentenced to confinement at hard labor, reduction in rank, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 15 June 1978, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as clemency, your desire to upgrade your discharge and change your narrative reason for separation and separation code, and your contention that your command made a material error of discretion by giving you an unduly harsh characterization of service.  The Board also noted your contentions that your command did not take into consideration your faithful service but focused solely on a single mistake, and that your stellar accomplishments and actions since discharge demonstrates your outstanding character and value to your community as a model citizen. 

However, the Board concluded that your misconduct and SPCM conviction outweigh your desire to upgrade your discharge and change your narrative reason for separation and separation code. 

In regard to your contention that your command made a material error of discretion by giving you an unduly harsh characterization of service, the Board noted that there is no evidence in your record, and you submitted none, to support your contention.  The Board also noted that a SPCM convicted you of wrongful disposition of government property and sentenced you to a BCD.  In regard to your contention that your command did not take into consideration your faithful service and focused solely on a single mistake, 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 your stellar accomplishments and actions since discharge demonstrates your outstanding character and value to your community as a model citizen, the Board noted 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 the requested changes. 

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,
 
6/4/2020