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

Docket No: 7401-19
 Ref: Signature Date 


This letter 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 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 9 December 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 28 June 1993.  On 4 September 1995, you began a period of unauthorized absence (UA) that continued until you were apprehended by civilian authorities on 28 November 1995.  Subsequently, you were convicted by special court-martial (SPCM) for violating Uniform Code of Military Justice Articles 86 (UA) and 87 (missing ship’s movement on 13 September, 30 October, and 9 November 1995).  Your adjudged sentence included to be discharged from the naval service with a bad-conduct discharge (BCD).  On 27 June 1997, after appellate review, you were so discharged.
 
You request the Board upgrade your discharge to general (under honorable conditions).  You assert that you are responsible for your actions, the decisions were your own, and that you were never mistreated during your time in the Navy.  You expressed regret about the decisions you made.  You stated that you joined the Navy to work on aircraft, but you did not have a guaranteed contract.  After boot camp and “A” school you were assigned to , but it was in dry-dock and there were no planes to work on.  You state that you studied and took tests, making you eligible for promotion to E-4, but realized that you were never going to be a plane mechanic as you had hoped.  You starte “resentment got the best of [you] and [you] began to self-destruct.  [You] ended up in the brig and then out of the Navy with a BCD.”  After your dischargeyou went home, got a job, got married, and had two children.  In support of your petition, you attached letters of support from your daughters, brother, spouse, and mother about your shame over using drugs while in the Navy and what a good father, brother, and son you have been.  These letters contained details about how confinement and discharge affected you and about your stable home life and long time employment.  The letter from your spouse contained personal details about difficulties the two of you have faced and overcome, and that you understand the ramifications of your guilty plea because of your youth and immaturity.  The Board was sympathetic to your desire change your characterization of service.  However, 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 that no clemency is warranted.  Under the totality of the circumstances, the Board, in its review, discerned no material error or injustice in the discharge.  The Board noted your post-service accomplishments; however, 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,