DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8487-18 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 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 9 October 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 and began a period of active duty on 22 May 1952. On 22 July 1952, you were convicted by summary court-martial (SCM) of two specifications of unauthorized absence totaling 22 days. On 3 October 1952, you were convicted by special court-martial (SPCM) of three specifications of unauthorized absence totaling 16 days and failure to obey a lawful order. On 30 September 1953, you received non-judicial (NJP) for an unauthorized absence. On 24 February 1954, you were again convicted by SPCM of an unauthorized absence totaling three days and missing movement. You were awarded as punishment, confinement, forfeiture of pay and to be discharged from the naval service with a bad conduct discharge (BCD). The BCD was suspended for a period of nine months. On 6 January 1955, you were again convicted by SCM of an unauthorized absence totaling three days. The record shows that you appeared before an administrative discharge advisory board, and the Board recommended that you be administratively separated from the naval service with an undesirable (other than honorable) character of service discharge. The commanding officer (CO) concurred. The separation authority directed that you be discharged with an OTH character of service. On 24 March 1955, you were discharged. The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge. The Board considered your assertions that you had consumed too much alcohol; you were very reckless with your actions; you have been diagnosed with Parkinsonism, dementia with Lewy bodies, and pulmonary fibrosis. The Board also considered that you are very proud to have been part of the Navy, would like to leave a better legacy then what is currently recorded in your record, and believe one night of drunkenness should not erase the work accomplished as a Navy Seal. You sincerely regret and apologize for your actions and would like your record to have an upgrade. The Board sympathizes with your current medical condition, however, concluded that these factors were not sufficient to warrant relief because of the seriousness of your repeated misconduct that resulted in NJP, two SCMs, and two SPCMs conviction. The Board noted that you were sentenced to a BCD at an earlier court-martial but it was suspended, thus giving you the opportunity to earn a better characterization of service. However, you committed further offenses. In view of the forgoing, the Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of 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 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.