Docket No: 1322-20
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 4 November 2020.  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, applicable statutes, regulations, and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations.   
 
You enlisted in the Navy on 28 June 1963.  During the period from 20 February 1964 to 10 September 1965, you received seven non-judicial punishments (NJP) for disobeying a lawful order, failure to obey a lawful order, failure to go at the time prescribed to appointed place of duty, two specifications of breaking restriction, sleeping on watch, and assault.  Subsequently, you were notified of pending administrative separation action by reason of unfitness due to repeated misconduct.  After waiving your rights, your commanding officer recommended discharge under other than honorable (OTH) conditions by reason of unfitness due to repeated misconduct.  The discharge authority approved this recommendation and directed separation under other than honorable conditions by reason of unfitness.  On 26 February 1966, you received an additional NJP for unauthorized absence totaling two days.  On 30 March 1966, you were discharged.  
  
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, contentions that you were young and naive, fell asleep after switching duty and being awake for 24 hours, and you missed ship’s movement due to being stuck in traffic.  In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your contentions and explanations provided in your application.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  The Board concluded that your OTH discharge characterization was issued without error or injustice, and that corrective action is not warranted. 
 
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, 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,