DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 6646-19
Ref: Signature Date 

Dear

This is in reference to your application of 20 June 2019 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 2 March 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, relevant portions of your naval record, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 1 August 1969.  On 17 March 1970, you were convicted by summary court-martial (SCM) for violating Article 86 (unauthorized absence (UA)) of the Uniform Code of Military Justice (UCMJ).  You were sentenced to forfeiture of pay.  On 1 October 1970, you received non-judicial punishment (NJP) for UA and misbehavior by a sentinel.  On 12 March 1971, you received a second NJP for UA.  On 23 April 1971, you received a third NJP for UA.  On 28 April 1971, you were counseled regarding your misconduct and advised that failure to take corrective action could result in administrative separation and judicial proceedings.  On 6 June 1971, you began a period of UA that continued until you were apprehended by civilian authorities on 11 August 197. On 7 September 1971, you began a period of UA that continued until you were apprehended by military police on 22 September 1971.  You were UA again from 26 October 1971 until you surrendered on 29 October 1971.  On 18 November 1971, you were convicted by special court-martial (SPCM) for violating Article 86 (UA) of the UCMJ.  You were sentenced to forfeiture of pay and confinement with hard labor for six months, which your convening authority reduced to three months.  On 13 April 1972, you received a fourth NJP.  From 2 May until 8 May 1972, you went UA again.  On 10 May 1972, you escaped while being transferred to a correctional facility to await court-martial.  On 14 July 1972, you were apprehended by civilian authorities.  You went UA again from 5 to 15 September 1972 and 15 September to 10 November 1972, when you surrendered.  On 3 January 1973, you were convicted by SPCM for violating Article 86 (UA) and Article 95 (Escape) of the UCMJ.  You were sentenced to forfeiture of pay, confinement with hard labor, and a bad-conduct discharge (BCD).  On 7 June 1973, you went on appellate leave.  On 11 July 1973, your request for clemency was denied.  On 11 December 1973, you were discharged with a BCD. 

You request that the Board upgrade your discharge to general (under honorable conditions).  You assert your misconduct was due to being too young when you joined the service; however, you served four years.  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 notes that there is no provision of law or in Navy regulations that allows for recharacterization of service due solely to the passage of time.
 
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.
 
Sincerely,