DEPARTMENT OF THE NAVY 

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

Docket No: 1989-16 
FEB 01 2017 

Dear 

This is in reference to your applicalion 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 22 November 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 of this 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

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

You reenlisted in the Navy on 16 April 1957, and during the period from 4 June 1957 to 5 
September 1958, you received three separate nonjudicial punishments (NJP) for offenses 
including unauthorized absence (UA), and failure to go to your appointed place ofduty. You 
were also convicted by summary court martial (SCM) ofbeing UA for five days. Subsequently, 
you were notified ofpending administrative separation action by reason ofunsuitability. After 
you waived your procedural rights, your Commanding Officer recommended a general discharge 
under honorable conditions (GEN) by reason ofunsuitability. The discharge authority approved 
this recommendation and directed a general discharge. On 30 October 1958, you were 
discharged with a GEN characterization of service. 

The Board in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your desire to upgrade your discharge and assertion that you were told 
at discharge that you could request for your discharge to be upgraded to honorable. However, 
the Board concluded that these factors were not sufficient to warrant relief given your pattern of 
misconduct that resulted in three NJPs and a SCM. Additionally, there is no provision of law or 
in Navy regulations that allows discharges to be upgraded merely because ofthe passage oftime. 
Finally, the Board also believed that you were fortunate to receive a GEN discharge because a 
discharge under other than honorable conditions is often directed when a sailor is separated with 
misconduct in the record. Accordingly, your application has been denied. 

It is regretted that the circumstances ofyour 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 applying for correction of an official naval 
record, the burden is on the applicant to demonstrate the existence ofthe probable material error 
or injustice. 

Sincerely, 


Executive Director