Docket No: 5757-19 
Ref: Signature Date              
 
MR 
 
Dear Mr.  
 
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 4 September 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, policies. 
 
You enlisted in the Navy on 2 December 1968. On 2 April 1969, you received nonjudicial punishment (NJP) for a three-day unauthorized absence (UA).  On 6 May 1970, you received a second NJP for a one-day UA and being absent from your appointed place of duty.  On 12 May 1970, you received a third NJP for failure to obey an order.  On 22 May 1970, you received a fourth NJP for failing to observe reveille.  On 10 December 1970, you were convicted by special court martial (SPCM) for four periods of UA:  20-23 January 1970, 26 January 1970 to 21 February 1970, 9-21 April 1970, and 30 May 1970 to 30 September 1970.  You were sentenced to confinement, forfeiture, reduction in rank and a bad conduct discharge (BCD).  The BCD was subsequently approved at all levels of review.  On 17 June 1971, you were discharged. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you missed your “sister’s burial and grieved it” and “suffered [Post-Traumatic Stress Disorder] (PTSD) and couldn’t go back home.”  The Board noted you did not submit any documentation to support your claim of PTSD diagnosis or treatment with your original submission or in response to its letter dated 22 August 2019.  Additionally, the Board noted that it cannot set aside a conviction, but may only grant clemency in the form of changing a characterization of service, even one awarded by a court-martial.  Unfortunately, the Board did not find evidence of an error or injustice that warrants changing your BCD.  Further, the Board, noting you did not provide any advocacy letters or documentation regarding your post-service 
accomplishments, did not find evidence of an error or injustice that warrants granting clemency in the form of an upgraded 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 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,