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

DocketNo: 1202-16 
JAN 27 2017 

Dear 

This is in reference to your application for correction ofyour naval record pursuant to the 
provisions oftitle 10 ofthe United States Code, section 1552. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute oflimitations and consider your application on its merits. A threemember 
panel ofthe Board for Correction of Naval Records, sitting in executive session, 
considered your application on 19 October 2016. The names and votes ofthe members ofthe 
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 ofthis 
Board. Documentary material considered by the Board consisted of your application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

After careful and conscientious consideration of the entire record, the Board found the evidence 
submitted was insufficient to establish the existence ofprobable material error or injustice. 

You enlisted in the Navy and began a period of active duty on 5 October 1960. You served for 
11 months without disciplinary incident, but during the period from 9 September 1961 to 
18 May 1964, you received nonjudicial punishment (NJP) on two occasions and were convicted 
by special court-martial (SPCM). Your offenses were unauthorized absence (UA) from your unit 
for a period offive days, missing ship's movement, and drunk and disorderly conduct. You 
remained on active duty until 23 September 1964, when you were released from active duty and 
transferred to the Navy Reserve under honorable conditions at the expiration of your obligated 
service, based on your disciplinary record and conduct mark average. 

Characterization of service is based in part on your conduct average computed from marks 
assigned on a periodic basis. Your conduct mark average was 2.9. At the time ofyour service, a 
conduct mark average of 3 .0 was required for a fully honorable characterization ofservice. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors such as your statement that you were told your discharge status could be 
changed. The Board found that these factors were not sufficient to warrant recharacterization of 
your discharge given your misconduct that resulted in two NJPs, an SPCM, and failure to attain 
the required average in conduct. The Board believed you were fortunate to receive a general 
characterization ofservice, since Sailors who have committed misconduct normally receive other 
than honorable discharges. Finally, there is no provision oflaw or in Navy regulations that 
allows for recharacterization of service due solely to the passage of time. Accordingly, your 
application has been denied. 

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 submission ofnew and material 
evidence within one year from the date ofthe Board's decision. New evidence is evidence not 
previously considered by the Board prior to making its decision in your case. In this regard, it is 
important to keep in mind that a presumption of regularity attaches to all official records. 
Consequently, whfn applying for a correction ofan official naval record, tfe burden is on the 
applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director