Docket No: 4347-20 
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 19 February 2021.  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 7 November 1962.  On 12 March 1963, you received nonjudicial punishment (NJP) for failure to report and disobeying a lawful order.  On 4 April 1963, you received a second NJP for disobeying a lawful order.  On 31 August 1963, you began a period of unauthorized absence (UA) which lasted three days.  On 3 September 1963, you received a third NJP for the three-day UA.  On 17 February 1964, you received a fourth NJP for failure to report.  On 26 February 1964, you were counseled for failure to live up to navy standards and constant failure to follow orders.  Subsequently, you were notified that further deficiencies may result in the initiation of administrative separation proceedings.  On 1 April 1964, you received a fifth NJP for breach of peace.  On 5 March 1965, you received a sixth NJP for failure to obey a lawful order from a superior Petty Officer.  On 14 May 1965, you began a period of UA which lasted 14 days, resulting in your apprehension by civilian authorities.  On 24 May 1965, you missed the sailing of your ship which was in route to the Mediterranean Sea for an extended deployment.  On 23 Jul 1965, a medical board found you unsuitable for continued service and recommended your discharge for hysterical personality 
disorder.  On the same date, you were notified of the medical board’s findings, at which time you declined to confirm the results and decided not to make a statement in rebuttal.  On 12 August 1965, your commanding officer approved the findings of the medical board, and directed your discharge by reason of unsuitability, with a general (under honorable conditions) characterization of service.  You were so discharged on the same day.  On 6 January 1981, the Naval Discharge Review Board reviewed your request for a discharge upgrade and determined that your discharge should not be changed. 
 
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 contention that your general discharge should have been automatically upgraded to an honorable character of service after six months.  The Board noted you did not submit any documentation or advocacy letters to be considered in support of your petition.  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.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your repeated misconduct, as evidenced by your NJPs, outweighed these mitigating factors.  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, 
2/23/2021
Executive Director