Docket No: 4468-20  
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 for Correction of Naval Records, sitting in executive session, considered your application on 25 September 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 enlisted in the Navy and began a period of active duty on 23 June 1961.  On 6 September 1961, you received non-judicial punishment (NJP) for breach of peace, provoking words, and assault.  You received a mark of 2.8 in military behavior on 16 November 1961.  On 1 December 1961, you received NJP for disobeying a lawful order, disrespect in language, and resisting apprehension.  On 23 December 1961, you were convicted at a summary court martial (SCM) for disobeying a lawful order, disrespect in language, and resisting apprehension.  You received a mark of 2.0 in military behavior on 16 May 1964.  On 18 August 1964, you received NJP for failure to carry out your assigned duties, and assault.  On 11 November 1964, you received NJP for violation of a general regulation.  You received a mark of 2.0 in military behavior on 16 November 1964.  On 13 May 1965, you were notified of your non-recommendation for reenlistment by reason of your low average of evaluation marks in military behavior.  On 11 June 1965, you were discharged with a general characterization of service and transferred to the Naval Reserves. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention of low quarterly marks, which prevented your advancement, and continuous racial discrimination.  In rendering its decision, the Board noted that you failed to provide evidence, and your record does not contain evidence, to support your contention of racial discrimination.  In the absence of any evidence to the contrary, the Board noted the repeated misconduct in your record, which resulted in four NJPs and one SCM.  Characterization of service refers to the quality of an individual’s military service.  A general characterization is awarded when significant negative aspects of the member's conduct or performance outweigh positive aspects of their conduct or performance.  The Board in its review determined you were assigned the appropriate characterization of service. 
  
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,