Docket No: 6132-19 
Date: Ref Signature                

 
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 for Correction of Naval Records, sitting in executive session, considered your application on 19 August 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 enlisted in the Navy and began a period of active service on 29 October 1987.  On 22 February 1993 and 10 November 1993, you received non-judicial punishment (NJP) for two separate periods of unauthorized absence (UA).  Thereafter, you went on UA from 18 October 1994 to 2 November 1994.  You went on another period of UA from 15 November 1994 until your apprehension on 28 February 1995.  On 7 April 1995, you were convicted at a special court martial (SPCM).  On 18 March 1996, you were discharged with a Bad Conduct Discharge (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 and your contention that you deserved an other than honorable (OTH) characterization of service instead of a BCD.  You state that you requested drug treatment, but did not receive any treatment.  Although your service record was incomplete, the Board relies on a presumption of regularity to support the official actions of public officers and, in the absence of substantial evidence to the contrary, will presume that they have properly discharged their official duties.  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 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,