Docket No: 5568-19 
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 20 November 2019.  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 duty on 24 May 1999.  On 16 July 1999, you began a period of unauthorized absence (UA) that continued until you were apprehended by civilian police on 3 August 1999.  On 11 August 1999, you received nonjudicial punishment (NJP) for UA and were awarded forfeiture of pay, restriction, and extra duties.  From 7 September 2000 until 20 January 2001, you were in pre-trial confinement pending charges.  On 20 January 2001, you were convicted by general court-martial for violating Articles 83, 86, and 134 of the Uniform Code of Military Justice.  You were sentenced to forfeiture of pay, confinement for two years, reduction in rank to E-1, and a bad conduct discharge (BCD).  On 1 May 2002, you were released from confinement and placed on mandatory appellate leave.  On 19 June 2003, you were discharged with a bad conduct characterization of service as a result of a court-martial. 
 
You request the Board upgrade your discharge to general (under honorable conditions) or honorable.  You assert you were misinformed by your recruiter, who told to say you were in the 
job corps and had never been in jail, even though it was untrue.  At the time of your enlistment, you were on probation and had never been in the job corps.  In support of your petition, you attached a statement in support of a VA claim.  You stated that in boot camp the stress, worries, and emotions were overwhelming.  You felt the military was a trap and “flipped out.”  At Parris Island you state that you were convicted of non-felony charges and sent to the brig for 2 years.  You were incarcerated with “murderers, rapists, people who spread HIV and other violent criminals.”  You allege that you were assaulted by “real criminals who were rightly incarcerated but the charges against you were fraudulent enlistment, disobeying barracks orders, being 1 minute late for work, obstruction of justice, and adultery.”  Lastly, you stated that you completed your GED while in the brig. 
 
The Board was sympathetic to your desire change your characterization of service, but 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 fairness or clemency.  In your case the Board determined no clemency is warranted.  The Board in its review discerned no material error or injustice in the discharge.  The Board noted that you provided no evidence to support your contentions.  Absent of substantial supporting evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in good faith according to governing law and policy. 
 
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.