Docket No: 0880-20 
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, sitting in executive session, considered your application on 16 October 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 and began a period of active service on 29 August 1956.  On 20 November 1957, you received non-judicial punishment (NJP) for direct disobedience of an order.  On 12 December 1957, you received NJP for disobedience and disrespectful language toward a petty officer, and failure to observe reveille.  On 28 February 1958, you received a civil conviction as a youthful offender.  As a result of the foregoing, on 4 April 1958, you were retained in naval service, but placed on a probationary status, and further warned that continued misconduct may result in administrative separation processing.  On 9 June 1958, you received NJP for failure to carry out an order and failure to observe reveille.  On 13 September 1958, you received NJP for failure to obey an order, and disrespectful in language toward a petty officer.  On 15 May 1959, you were convicted at a special court martial for UA, and breaking arrest.  On 25 August 1959, you were apprehended by civil authorities for taking another’s automobile.  On 1 September 1959, you were delivered back to military authorities.  On 28 September 1959, you received your second civil conviction for petty theft.  On 13 October 1959, an administrative discharge board (ADB) convened and recommended your discharge from naval service with an other than honorable (OTH) characterization of service by reason of misconduct due to civil conviction.  On 3 November 1959, you were discharged with an OTH characterization of service by reason of misconduct due to civil conviction. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention of youth and untreated motions sickness which caused you to go “AWOL.”  You contend that your request for shore duty was denied.  You further contend that you have been an asset to society since your discharge.  The Board commends your post-service conduct.  However, the Board noted you received two civil convictions during your enlistment.  Members of the armed services are subject to conviction by civil authorities and, if such action is taken, may be discharged.  The Board concluded that your discharge was appropriate based your misconduct. 
 
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,