Docket No: 5621-20
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. 
 
Because your application was submitted with new evidence not previously considered, the Board found it in the interest of justice to review your application.  A three-member panel of the Board, sitting in executive session, considered your application on 22 March 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, and 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 presented as new evidence, a personal statement regarding your discharge from naval service, still maintaining your innocence of the charge at which you were convicted of at a General Court-Martial.  You contend there is no evidence of the charge, that you had no knowledge of the facts of the case, and that you were not able to obtain counsel before trial and post-service.  You further contend you did not assault the victim and would have defended her.  You assert that post-service, you have been discriminated against and had a hard time applying for jobs; however, you still managed to gain employment by teaching yourself lifelong journeyman skills through self-taught courses.  After careful consideration of your statement and the above mitigating factors, the Board determined that the evidence that you provided, even though not previously considered by the Board, was insufficient to establish the existence of probable error or injustice.   
 
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 your desire to upgrade your characterization of service, removal of the charge of indecent assault, and your contentions noted above.  Based upon this review, the Board concluded there was insufficient evidence to warrant relief despite your military service conduct, post-service accomplishments, and numerous character statements.  Specifically, the board determined your misconduct of indecent assault heavily outweighed the above mitigating factors.   
 
The Board noted that in 1956, the Naval Clemency Board reduced your confinement based on your good standing in the Navy prior to the act committed, however, the Clemency Board did not condone your participation in the act in any way, and firmly believed that you were deserving of the punishment received.  The Board also noted that your naval record clearly reflect the facts of your punishment and the act committed.  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,