Docket No: 4210-19 
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 18 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, 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 and began a period of active service on 31 July 1979.  On 19 October 1982, you were convicted at a special court-martial (SPCM) for unauthorized absence (UA) for the period beginning on 30 May 1981 until 12 September 1982.  You were sentenced to confinement, forfeiture of pay, reduction in rank, and a bad conduct discharge (BCD).  On 25 August 1983, the final appellate review affirmed and directed the execution of your bad conduct discharge (BCD).  On 30 September 1983, 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 our discharge and contention that your ex-wife asked you to go AWOL, so you went home.  You also state you would like to receive VA benefits.  Please note there is no requirement or law that grants recharacterization solely on the issue of obtaining veterans benefits.  The Board determined that your desire to upgrade your discharge was not enough to outweigh the significant misconduct you committed.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of 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,