Docket No: 6283-19 
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 for Correction of Naval Records, sitting in executive session, considered your application on 22 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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 30 October 1974.  During the period from 14 June 1975 to 16 February 1978, you received non-judicial punishment (NJP) for six specifications of unauthorized absence (UA) totaling 24 days, disobeying a lawful order, two specifications of missing ship’s movement, two specifications of absence from appointed place of duty, failure to go to appointed place of duty, and possessing two liberty cards.  On 19 December 1983, a general court-martial (GCM) convicted you of UA totaling 1,994 days.  You were sentenced to confinement for 10 months, forfeiture of pay, reduction to E-1, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 22 June 1987, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors, such as character letter, information from  Sheriff’s Department and  Department, your desire to upgrade your discharge and contention that you have been trouble free for 25 years. The Board also noted your contentions that since discharge, you have been active in the community, married for 33 years, and have been employed for the last 35 years.  However, the Board concluded that your misconduct and GCM conviction outweighed these factors. 
 
Regarding your contentions that you that you have been trouble free for 25 years, been active in the community, married for 33 years, and been employed for the last 35 years, the Board noted while commendable, your post service conduct does not excuse 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 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,