Docket No: 3971-19 
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 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 4 June 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 duty on 8 January 1980. During the period from 28 October 1980 to 8 May 1982, you received five non-judicial punishments (NJP) for wrongful possession of marijuana, failure to go at the time prescribed to your appointed place of duty, disrespect, disobeying a lawful order on two occasions, false official statement, and four specifications of unauthorized absence totaling 29 days.  On 11 January 1982, you were convicted by summary court-martial (SCM) of three specifications of unauthorized absence totaling 51 days.  On 2 August 1983, you were convicted by special court-martial (SPCM) of attempting to steal $399.00, the property of the United States Government, two specifications of forgery, unauthorized absence totaling 121 days, and missing movement.  As punishment, you were awarded confinement, forfeiture of pay and discharge from the naval service with a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 8 April 1985. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that after 30 years you have become a better person.  The Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of clemency.  Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 25 July 2018 memorandum, “Guidance to MilitaryDischarge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.”  TheBoard determined that no clemency is warranted in your case.  In this regard, the Board considered your contention and concluded that there was insufficient evidence to warrant clemency given the severity of your misconduct that resulted in five NJPs, a SCM, and subsequent BCD.  In its review, the Board discerned no material error or injustice in your discharge, nor did it find that clemency was warranted. 

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.