DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 9552-19 Ref: Signature Date This is in reference to your application of 26 September 2019 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 10 February 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 24 June 1992. On 8 March 1993, you received non-judicial punishment (NJP) for unauthorized absence (UA) and failure to obey lawful orders. You were awarded reduction in rank, restriction, extra duties, and forfeiture of pay (which was suspended for 6 months). On 9 March 1993, you were counseled that further deficiencies in conduct or performance could result in administrative separation and judicial proceedings. On 23 March 1993, the suspended portion of your NJP punishment was vacated. On 15 April 1993, you received a second NJP. On 6 July 1993, you were convicted by special court-martial (SPCM) for violating Article 134 (breaking restriction and unlawfully carrying a concealed firearm) of the Uniform Code of Military Justice (UCMJ). You were sentenced to forfeiture of pay, confinement for 45 days, and a bad-conduct discharge (BCD). On 15 November 1993, your court-martial convening authority approved your sentence except for the BCD pending appellate review. On 18 April 1995, you received a bad-conduct discharge from the Navy. You request that the Board upgrade your discharge to honorable. You state that you want to receive benefits for the pain, suffering, and homelessness. You contend that your medical records reflect that you were attacked on base in your sleep and that you need medical, housing, and money for injuries that you sustained. The Board was sympathetic to your desire change your characterization of service, 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 noted that you provided no evidence to support your contentions. Absence of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing policy and in good faith. 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, 3/20/2020