Docket No: 1687-21 
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 28 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, 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 7 October 1953.  On 9 October 1956 and 1 November 1956, you received non-judicial punishment (NJP).  Your offenses were an unauthorized absence totaling three days and dereliction in the performance of duty.  On 18 December 1956, you commenced a period of unauthorized absence, and while in an unauthorized absence status, you were arrested by civilian authorities.  You were charged with possession of dangerous drugs and conspiracy to commit the crimes of uttering fictitious checks.  You were subsequently, convicted and sentenced to serve 15 days confinement for the offense of possession of dangerous drugs.  On 15 January 1957, you were convicted of the offense of conspiracy to commit the crime of uttering fictitious checks; you were sentenced to probation for three years.  Upon conclusion of your trial, you were returned to military authorities.   
 
On 1 February 1957, you were convicted by summary court-martial (SCM) of an unauthorized absence from 18 December 1956 to 15 January 1957.  
 
Subsequently, you were notified that you were being recommended for administrative discharge from the naval service and the least favorable characterization of service you may receive was under other than honorable conditions (OTH).  You were also advised that such discharge may deprive you of veterans’ benefits.  Your commanding officer then forwarded your administrative separation package to Chief of Naval Personnel (CNP) recommending administrative discharge from the naval service with an other than honorable (OTH) characterization of service.  CNP convened an administrative discharge board, which ultimately recommended that you be separated from the naval service with an OTH characterization of service.  The CNP approved the recommendation and directed your separation from the naval service with an OTH characterization of service.  On 29 March 1957, you were so discharged.   
 
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 and contention that the sentence you were given was unjust; and the Captain’s Mast never gave you the choice of “guard house time.”  You further contend that you did not have a criminal record.  You desired to continue to serve your country and you were not allowed to return to naval service.  
 
Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief.  Specifically, the Board determined that your misconduct, as evidenced by two civilian convictions, two NJPs and a SCM conviction, 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 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, 
  
5/13/2021
Executive Director