DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490              
             
Docket No: 7796-19 
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, sitting in executive session, considered your application on 19 August 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, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active duty on 5 April 1983.  The record reflects two periods of unauthorized absence (UA):  2 November 1985 to 2 June 1986, and 28 July 1986 to 25 March 1988.  On 21 June 1988, you were convicted by special court-martial (SPCM) of the UAs.  As punishment, you were awarded reduction in rank, confinement, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, you were discharged on 13 April 1989. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your statement to include your contentions that you were wrongfully mistreated by your Division Officer.  Your Division Officer denied your request for a “96” after your father had passed away.  Your Division Officer appeared as though he did not care about your father’s passing and caused you to make bad decisions as to not having trust in the Navy, going UA, and lots of other things.  You were “young and dumb” and really did not know what to do.  Since you have been discharged, you have been working with disabled people and young children who do not have fathers in their lives; you help your sister in group homes with patients, and you participate in events with your church.   
 
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 clemency.  Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.”  The Board commends you for your post-service achievements.  However, the Board ultimately determined that no clemency is warranted in your case given the severity of your misconduct that resulted in a BCD.  Accordingly, the Board discerned no material error or injustice in your discharge, nor did it find that clemency was warranted. 
 
It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time.  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,