DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
              
Docket No: 1471-21 
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 relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted 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 16 July 2021.  The names and votes of the panel members 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 the 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, applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
You enlisted in the Navy Reserves and began a period of active duty on 21 September 1979.  On 24 March 1981, you received nonjudicial punishment (NJP) for failure to obey a lawful order.  On 22 October 1982, you began a second period of active duty.  On 1 April 1983, you began a period of unauthorized absence (UA) from your prescribed place of duty.  On 2 April 1983, you began a second period of UA from your prescribed place of duty.  On 6 April 1983, you received a second NJP for failure to obey a lawful uniform regulation, violation of a general regulation, and two periods of UA.  On 25 March 1984, you began a third period of UA which lasted nineteen hours.  On 26 March 1984, you began a fourth period of UA which lasted three hours and thirty minutes.  On 21 April 1984 and 22 April 1984, you missed restriction muster.  On 25 April 1984, you received a third NJP for two periods of UA, and two instances of missing muster.  On 26 April 1984, you began a fifth period of UA from your prescribed place of duty.  On 8 May 1984, you received a fourth NJP for a period of UA and disobeying a lawful order.  On 7 March 1985, you were convicted by special court-martial (SPCM) for wrongful possession of a controlled substance, and four instances of theft of U.S. currency adding to a total of $1938.00 property of the  Coffee Mess.  You were sentenced to confinement at hard labor, reduction to the rank of E-1, forfeiture of pay, and a bad conduct discharge (BCD) characterization of service.  On 29 April 1986, the discharge authority affirmed your sentenced and ordered a BCD characterization of service.  On 19 May 1986, you were discharged.        
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo.  These included, but were not limited to, your contention that you never received a dishonorable discharge.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your NJPs and SPCM conviction, outweighed these mitigating factors.  The Board noted you did not submit any documentation or advocacy letters to be considered.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. 
 
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, 

7/30/2021
Executive Director