Docket No:  2265-20 
Ref: Signature date 



This is in reference to your application of 1 March 2020 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 28 April 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, and applicable statutes, regulations, and policies. 

You re-enlisted in the Navy and began a period of active duty on 28 May 1952.  On 3 September 1952, you received non-judicial punishment (NJP) for absence without leave. On 9 December 1953, you again received NJP for absence without leave.  On 29 November 1954, you were convicted at a General Court-Martial of, acting jointly with other Sailors, indecent assault.  On 27 December 1954, the Naval Board of Review affirmed your conviction.  On 2 February 1956, the Chief of Naval Personnel recommended confinement be reduced to 20 months.  On 2 March 1956, the Naval Clemency Board reduced confinement to 20 months.  The Bad Conduct Discharge was executed on 9 March 1956, after appellate review of your case was completed. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and assertions that your story was not told because of your civilian counsel.  The Board also considered your assertions that you had a lacked knowledge of the consequences in making your decision and your age at the time of the offense.  Finally, the Board considered your assertions that the victim did not tell the whole story, you had been drinking and you had consensual sex.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in two NJPs and conviction at a General Court-Martial. 

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.