Docket No: 6938-20
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  
24 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 enlisted in the Navy and began a period of active duty on 18 June 1957.  On 13 December 1957, you were convicted at a summary court martial (SCM) for making an official statement with the intent to deceive.  On 29 March 1958, you received non-judicial punishment (NJP) for disorder and neglect to the prejudice of good order and discipline of the Armed Forces.  On 30 October 1958, you received two SCM convictions for assault and battery, breaking restriction, disrespectful in language towards your superior petty officer, and sleeping on watch.  You received NJP on 5 May 1959 and 29 May 1959 for unlawful possession of ID cards and fighting in a public place.  On 7 June 1959, you were discharged with a general characterization of service at the expiration of your term of obligated service.  At the time of your discharge you received a final mark of 2.7 in behavior and 2.6 as an overall trait.   
 
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 desire to upgrade your discharge, your request for forgiveness, and contention you were given a SCM conviction that should have been a captains mast.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board considered that your repeated misconduct, as evidenced by your three NJPs, and two SCMs.  Further, the Board noted characterization of service is based in part on conduct averages computed from marks assigned on a periodic basis.  Your conduct average at the time of your discharge was 2.6.  At the time of your service, a conduct average of 3.0 was required for a fully honorable characterization of service.  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 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,