Docket No: 4664-19 
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 1 July 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 6 August 1976.  On 31 July 1977, you were counseled regarding your assignment of adverse marks in proficiency, military behavior, military appearance, and adaptability.  On 27 December 1977, you received non-judicial punishment (NJP) for wrongfully participating in the breach of the peace and assault.  On the same day, you were counseled regarding your misconduct.  From the period beginning on 24 May 1978 to 28 November 1978, you received NJP on three occasions for the following offenses: wrongfully signing official documents and nine specifications of unauthorized absence (UA).  On 28 November 1978, you were counseled regarding your misconduct.  On 27 September 1982, you were convicted at a special court-martial (SPCM) for unauthorized absence (UA).  You were sentenced to forfeiture of pay, reduction in rank, and a bad conduct discharge (BCD).  On 29 December 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 your discharge to obtain veteran benefits.  You contend, you were mistreated by your Chief, and your command did not assist you.  Additionally, you state, after three years of being in the service and not getting into any trouble, you were treated differently following a fight with officers.  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,