DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 
                                                                                                                     
Docket No: 5746-21 
Ref: Signature Date  
                 
Dear Petitioner: 
 
This is in reference to your application for correction of your father’s naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your father’s 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 29 September 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, and 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 on 26 June 1989.  On 19 May 1992, civil authorities convicted you of possession of stolen property, theft, and forgery.  On 17 September 1992, a general court-martial (GCM) convicted you of conspiring to distribute Lysergic Acid Diethylamide (LSD), wrongfully using LSD, and two specifications of wrongfully obtaining telephone services.  You were sentenced to confinement for eight months, forfeiture of pay, reduction to E-1 and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 13 August 1993, you were so 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 criminal history record, character letters, your desire to upgrade your discharge and contentions that you were young and made a mistake, and your contentions that it has been 25 years since your discharge, and you took the charges for your friends because you were at the end of your enlistment.  The Board also noted your contentions that you never had any violations of the law other than speeding tickets, you have been trouble free since leaving the military, you were taking care of your deceased mother, you have been active in the community by coaching basketball and football, you received your Bachelor’s Degree, you are currently working as a probation officer, and you are a proud father of four. 
 
The Board noted that your post service achievements are commendable, however does not excuse your conduct while in the Navy.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by your civil conviction and GCM, 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 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, 
10/12/2021
Deputy Director