Docket No: 7991-20
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 12 April 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 30 December 1960.  From 1 August 1961 to 3 February 1964, you received non-judicial punishment (NJP) on four separate occasions.  The offenses included, failure to obey regulations; disrespect towards a superior petty officer; and unauthorized absence (UA) on several occasions, one of which resulted in you missing ship’s movement.  Additionally, on 30 November 1961, you were convicted at your first Summary Court-Martial (SCM) for being derelict in the performance of duties.  You were sentenced to restriction for 30 days, forfeiture of $55.00 pay per month for 1 month, and reduction to Seaman Recruit; however, the reduction was suspended for 3 months.  On 18 January 1963, you were convicted at your second SCM for being UA for a period of more than two days and missing a ship’s movement.  You were sentenced to confinement with hard labor for 10 days.  On 3 December 1964, you were released from active duty and transferred to inactive duty, with obligated service until 30 December 1966, at which time, you were discharged with a general (under honorable conditions) characterization of service. 
   
The Board carefully reviewed your application and 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, and your contentions that your characterization of service is severe compared to the violations, and that you were subject to at Captain’s Mast where you received a sentence of three days of bread and water.  The Board further considered your claim that you were a “few minutes late a couple of times” and that you served honorably until your discharge.  The Board noted that your record reflects you were in a UA status on multiple occasions, ranging from two hours to two days, which resulted in you missing two ship’s movements.  The Board further noted you did not did not submit advocacy letters or post-service documents to be considered for clemency purposes.  Even applying liberal consideration, the Board determined there was insufficient evidence of an error or injustice that warrants an upgrade to your characterization of service.  Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your multiple incidences of misconduct 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,