DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 2404-18 
Ref: Signature date 
  
Dear : 

This letter 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 24 April 2019.  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, 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 25 February 1959.  On 15 September 1960, you were convicted at a special court-martial (SPCM) for three specifications of unauthorized absence (UA), and breaking arrest.  On 14 April 1961, you received non-judicial punishment for disrespect to a petty officer, and communicating a threat to do bodily harm.  On 13 October 1961, you were convicted in civil court for assault with a deadly weapon.  On 7 November 1961, you received your second NJP for UA.  On 9 November 1961, your commanding officer recommend an undesirable discharge by reason of misconduct due to conviction by civil authorities.  On 20 November 1961, an enlisted performance board convened and recommended separation under conditions other than honorable (OTH) by reason of misconduct.  On 22 November 1961, the discharge authority approved and directed an OTH by reason of civil conviction.  On 1 December 1961, you were discharged. 

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and contentions you had no other problems in your service other than a civil case, and you have not had a conviction in over 55 years.  The Board noted during your term of 
enlistment, you were convicted at an SPCM and received NJP on two occasions.  The Board determined that your factors and contentions were not enough to outweigh your significant misconduct and there was no error or injustice in your discharge or the characterization of your service. 

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 submission of new matters.  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, 

Executive Director