Docket No: 1865-20 
Ref: Signature Date 

Dear : 
 
This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code.  After careful and conscientious consideration of relevant portions of your 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 11 December 2020.  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, 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 and began a period of active duty on 12 May 1964.  On 4 June 1965, you began a period of unauthorized absence (UA) until apprehended by civilian authorities on 19 July 1965.  On 20 July 1965, you were placed in pre-trial confinement awaiting trial by special court-martial (SPCM).  On 5 August 1965, you were convicted by special court-martial for a forty-six day period of UA.  On 7 Oct 1965, your Commanding Officer directed your separation from the service for the Convenience of the Government.  On 14 October 1965, you were discharged with a general characterization of service.   
 
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 desire to upgrade your discharge and contentions that you feel you have paid the price for being AWOL one time, it has been fifty-five years since the misconduct occurred, and you were told that after six months your discharge would be upgraded to honorable.  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 SPCM, outweighed these mitigating factors.  The Board noted you did not submit any documentation or advocacy letters to be considered.  The Board further noted there is no provision of law or in Navy regulations that allows for re-characterization of service to be automatically upgraded after six months.  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 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.   
 
                                                                              
Sincerely,