Docket No: 4719-19 
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 9 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, and applicable statutes, regulations, and policies. 
You reenlisted in the Navy on 23 May 1980.  During the period from 11 March 1981 to 15 March 1982, you received four non-judicial punishments (NJP) for nine specifications of unauthorized absence (UA) totaling 65 days.  On 15 May 1982, you were convicted by special court-martial (SPCM) of wrongful possession of marijuana, wrongfully selling marijuana, and wrongfully transferring marijuana.  You were sentenced to confinement for 60 days, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 25 August 1983, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as character letters, certificates of excellence, your desire to upgrade your discharge and contentions that you served over six years honorably and received the Navy Achievement Medal.  The Board also noted your contentions that your BCD prevents you from receiving benefits and you currently work for the aerospace field inspecting military products.  However, the Board concluded that your misconduct and SPCM conviction outweighed your desire upgrade your discharge. 


In regard to your contention that you served over six years honorably and received the Navy Achievement Medal, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  In regard to your contention that your BCD prevents you from receiving Department of Veterans Affairs (VA) benefits, the Board believes that under current regulations you may be eligible for veterans’ benefits which accrued during your first period of service.  Whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you should contact the nearest office of the VA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the VA.  Regarding your contention that you currently work for the aerospace field inspecting military products, the Board noted while commendable, your post service conduct does not fully mitigate your conduct while enlisted in the Navy or the basis for your discharge. 

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.