DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 0795-20 
Ref: Signature date 

Dear: 

This letter 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 with respect to your request to upgrade your characterization of service 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, sitting in executive session, considered your application on 21 May 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, as well as applicable statutes, regulations, and policies.

You enlisted in the Navy on 8 October 1964.  On 11 November 1965, you received nonjudicial punishment for being out of uniform on liberty and unauthorized absence.  On 16 November 1965, you were convicted by a summary court-martial for breaking restriction and failing to obey an order.  On 13 December 1965, you received nonjudicial punishment for disrespect to a petty officer, failing to obey an order, and being absent from your appointment place of duty.  Next, you received nonjudicial punishment for unauthorized absence on 26 May 1966. From 14 August 1966 to 3 September 1966, you were confined in a civilian jail 
on charges of possessing “infernal machines” and being involved in an “affray.”  You were found guilty for participating in an affray on 17 November 1966 and sentenced to two years’ probation.  Shortly thereafter, on 1 December 1966, you received nonjudicial punishment for unauthorized absence.  On 15 December 1966, you were arrested by civil authorities for breaking and entering with intent to commit larceny.  Next, on 30 March 1967, you received nonjudicial punishment for unauthorized absence and failing to obey an order.  Finally, on 6 April 1967, you were notified that you were being processed for discharge.  You waived your rights to counsel and to an administrative board, and you were discharged with an other than honorable characterization of service on 1 September 1967. 

The Board carefully weighed your contentions and mitigating factors, including your personal statement and character letter.  The Board considered your desire to obtain benefits, and that you had an accident on active duty where you were run over by a car and you are still dealing with the injuries today. Please be advised that the determination of eligibility for benefits and disability status from the Department of Veterans Affairs is not within this Board’s purview.  Further, the Board noted your misconduct resulting in five nonjudicial punishments, a summary court-martial, and a civilian conviction and determined that your other than honorable characterization of service is appropriate. Therefore, despite your contentions, in its review of your entire record and application, the Board did not find evidence of an error or injustice that warrants upgrading your 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 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,