Docket No: 7781-19 
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 you did not file your application 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 20 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 and began a period of active duty on 19 August 1992.  During the period from 23 November 1983 to 18 January 1984, you were in an unauthorized absence status on three occasions.  On 15 February 1984, you were convicted by summary court-martial (SCM) for the aforementioned periods of UA and failure to obey a lawful order.  On 25 March 1994, you received nonjudicial punishment (NJP) for three instances of UA from restriction muster.  Additionally, you were advised that failure to take corrective action could result in administrative separation and/or judicial proceedings.  On 30 July 1984, you began another period of UA that terminated with your surrendered on 22 August 1984.  On 12 January 1995, you were convicted by special court-martial (SPCM) for UA, missing movement, disobeying a lawful order, false official statement, and false swearing.  You were sentenced to confinement for 45 days, reduction in rank to E-1, and a bad conduct discharge (BCD).  On 5 June 1995, you requested appellate leave while your discharge was going through the appellate review process and it was approved the same day.  On 19 December 1995, you were discharged with a BCD.    
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, such as your post-service accomplishments, desire to upgrade your characterization of service, contentions that your discharge was inequitable based on one incident, and that you didn’t understand the consequences of such a discharge.  The Board cannot set aside a conviction, but may only grant clemency in the form of changing a characterization of service, even one awarded by a court-martial.  The Board did not find evidence of an error or injustice that warrants changing your BCD given your repeated misconduct.  Further, the Board, noted you did not provide any advocacy letters or documentation regarding your post-service accomplishments.   
 
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,