DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                                                        
Docket No: 733-19               
Ref: Signature Date 

This is in reference to your application of 22 October 2018 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 14 January 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, 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 22 December 1978.  On 11 January 1983, you were convicted by special court-martial (SPCM) of unauthorized absence (UA) totaling 1162 days.  You were sentenced to confinement for 75 days, reduction to E-1, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 26 January 1984, you were discharged. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, contentions that you had family matters at home, that you were told your command would not be sympatric, and that you were young and stupid.  However, the Board concluded that your lengthy periods of UA outweighed your request upgrade your discharge.  Regarding your contention that you had family matters at home and you were told your command would not be sympatric, the Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  Regarding your contention that you were young and stupid, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions. 

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, 


1/28/2020