Docket No: 3925-19 
             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 September 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. 
  
You enlisted in the Navy and began a period of active duty on 20 February 1973.  You remained on active duty until you were honorably released on 24 November 1974.  On 25 November 1974, you reenlisted in the Navy for six years.  On 12 May 1978, you received nonjudicial punishment (NJP) for being absent from your appointed place of duty.  On 19 September 1978, you began a period of unauthorized absence (UA) that lasted over six years, ending on 14 November 1984, when you were, apprehended by civil authorities.  On 25 February 1985, you were convicted by general court-martial (GCM) of 2,247 days of UA.  You were sentenced to six months confinement, forfeiture of pay, reduction in paygrade and a bad conduct discharge (BCD).  On 24 December 1985, you were discharged from the Navy a BCD.  
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, your  Service Medal with one Bronze Star, National Defense Service Medal, two character letters, and desire to have your characterization of service upgraded.  The Board also considered your assertions that as you were diagnosed by medical personnel as an alcoholic with substance abuse issues, a proper sentence should have resulted in counseling and rehabilitation efforts to allow for separation for the good of the service under honorable conditions, substantiated by your evaluations and Good Conduct Medal.  The Board concluded these factors and assertions were not sufficient to warrant a change to your characterization of service given your misconduct that resulted in NJP, and a GCM conviction for a period of UA lasting over six years.  With regard to your dates of service, enclosed are copies of your DD 214s showing your dates of active duty 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 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,