Docket No: 3305-21 
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 28 May 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 and began a period of active duty on 3 April 1984.  Between December 1984 and April 1995, you had seven separate period of unauthorized absence (UA), totaling approximately 62 days.  You received nonjudicial punishment (NJP) for the periods of UA on three separate occasions.  On 17 April 1989, you began an eighth period of UA which lasted 34 days and resulted in your apprehension by civilian authorities.  On 3 July 1989, you were convicted by special court-martial (SPCM) for UA, use of a controlled substance (cocaine), and breaking restriction.  You were sentenced to confinement, reduction to the rank of E-1, and a bad conduct discharge (BCD).  On 21 July 1989, your appellate leave request was approved.  On 23 March 1990, the discharge authority ordered the execution of your BCD.  On 2 April 1990, 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 your decision to extend your enlistment while deployed was a mistake.  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, outweighed these mitigating factors.  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, 
  
6/15/2021
Executive Director