Docket No: 4323-20  
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 to be 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 to be 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  16 October 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 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 enlisted in the Navy and began a period of active duty on 13 September 1956.  On 5 June 1959, you received non-judicial punishment (NJP) for destruction of government property in violation of Article 108, Uniform Code of Military Justice (UCMJ).  On 30 June 1960, you received a second NJP for failure to obey a lawful order in violation of Article 92, UCMJ.  On 15 August 1960, you were notified that you were not being recommended for reenlistment due to the “[degradation in the] performance of [your] duties during [your] first enlistment, failure to improve in leadership characteristics and doubtful usefulness of future service.”  On 22 August 1958, you requested a hardship discharge due to your mother’s illness.  At the time of this request, your commanding officer described your performance as “barely satisfactory, as evidenced by performance marks of 2.6 in both Professional Performance and Adaptability.”  On 12 September 1960, you were discharged with a general (under honorable conditions) characterization of service. 
 
The Board carefully and conscientiously considered the totality of the circumstances of your case in light of recent guidance provided by the Under Secretary of Defense for Personnel and Readiness to determine whether relief is appropriate the interests of justice.  In this regard, the Board considered, among other factors, your relative youth and immaturity at the time of your discharge; your advanced age and desire for a second chance; that your mother was ill at the time of your discharge and that this may have impacted you as an only child; that an honorable discharge does not require flawless military service; and the passage of time since your discharge.  Even considering these potentially mitigating factors, however, the Board determined that the interests of justice do not warrant an upgrade of your characterization at this time given the evidence of record.  In reaching this conclusion, the Board noted that by characterizing your service as general (under honorable conditions), rather than as fully honorable, your command determined that the negative aspects of your service outweighed the positive aspects.  Given the evidence in the record of your misconduct and performance, the Board had no basis to question this determination.  Further, in the absence of any evidence of your post-service rehabilitation, accomplishments, and/or contributions to society, the Board simply had no basis upon which to grant the relief you requested.     
 
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, and may include evidence of your post-service character and accomplishments as described above.  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, 
     12/15/2020