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

                            
Docket No: 5705-18 
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 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 9 September 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, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy Reserve and began a period of active duty on 30 September 1966.  Your original service record was incomplete and did not contain all of the documentation pertaining to your separation from the Navy.  Absent such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  A review of your record shows that you were pending general court-martial for larceny of two money orders valued at $130, two specifications of stealing phonograph records (21 in total), and theft of a library book.  On 10 May 1968, you were informed of the option to tender your resignation and that your command would recommend that such resignation be accepted.  On 28 June 1968, you submitted a letter of resignation for the “good of the service and to escape trial by general court-martial.”  Prior to submitting this request for discharge, you conferred with a military lawyer, were advised of your rights and warned of the probable adverse consequences of accepting such a discharge.  On 1 July 1968, your case was forwarded to the separation authority recommending approval of your request.  On 25 July 1968, the separation authority directed that you be discharged for the good of the service with an other than honorable (OTH) characterization of service in-lieu of trial by general court-martial.  On 6 August 1968, pursuant to your request, you were so discharged.  As a result of this action, you were spared the stigma of a court-martial conviction and the potential penalties of a punitive discharge and confinement at hard labor. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your record of service and your desire to upgrade your discharge.  The Board also considered your assertions that you were “young and stupid,” and that you “want to die with an honorable discharge.”  However, the Board concluded that these factors and assertions were insufficient to warrant recharacterization of your discharge given your misconduct, the preferral of charges to a general court-martial, and your request for discharge to avoid trial by that court-martial.  The Board believed that considerable clemency was extended to you when your request for discharge was approved. 
 
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.