DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8324-19 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 31 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, 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 3 May 1983. On 20 December 1984, you received nonjudicial punishment (NJP) for resisting apprehension, destruction of government property, provoking speech and gestures, and assault. You were awarded restriction, extra duties, forfeiture of pay, and reduction in rank (RIR); the forfeiture and RIR were suspended for six months. On 10 December 1985, you received a second NJP for wrongful use of marijuana. That same day, you received a formal counseling advising you that failure to take corrective action could result in administrative separation and judicial proceedings. On 17 December 1986, you were evaluated by a drug and alcohol program advisor and were determined to be not drug dependent. On 22 January 1987, you were convicted by special court-martial (SPCM) for violating Article 121 (larceny) of the Uniform Code of Military Justice. You were sentenced to forfeiture of pay, confinement with hard labor, RIR to E-1, and a bad-conduct discharge (BCD). On 1 September 1987, you were discharged with a BCD. You request the Board upgrade your discharge. You assert another Sailor was also involved in the larceny incident with you. You were court-martialed, but the other Sailor received no extra duties, reprimand, and was not considered for court-martial. You request “the Board to look at this as a mistake made by a young kid . . . led astray by a higher ranking individual.” You informed the Board that you are unable to take advantage of any veterans’ benefits as a result of your negative discharge. The Board was sympathetic to your desire to change your characterization of service and to take advantage of veterans’ benefits in your community, 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, in its review, discerned no probable material error or injustice in your discharge. 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,