DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD. SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 2968-16 APR 17 2017 Dear This is in reference to your application for correction ofyour naval recprd pursuant to the provisions of title 10 of the 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 ofNa val Records, sitting in executive session, considered your application on23 January2017. The names and votes ofthe members of the panel will be furnished upon request. Your allegations oferror and injustice were reviewed in accordance with administrative regulations and procediires applicable to the proceedings ofthis 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 began a period ofactive duty in the Navy on 6 July 1960. You served nearly two years without disciplinary incident. On 17 May 1962, at sununary court martial proceedings, you were found guilty ofviolating the Uniform Code ofMilitary Justice, Articlel 13 (sleeping on post while stationed as a lookout). The Court sentenced you to restriction and extra duty for 30 days. At the end ofyour obligated service, your final overall trait average was 2.88. Accordingly, you earned a general discharge. On 5 June 1962, you were discharged from the Navy with a general (under honorable conditions) characterization ofservice (GEN). The Board considered that you would like to have your active-duty characterization ofservice upgraded from GEN to honorable so that you may qualify for various benefits. When making its determination, the Board noted that you completed your two-year active-duty service obligation . The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors such as your youth at the time ofyou military service and your completion of your enlistment obligation. The Board found that these factors were not sufficient to warrant recharacterization ofyour discharge given your final trait average at the time ofyour discharge. With a 2.88 average, you fell short ofthe required marks to earn an honorable characterization of service. The Board noted that you did complete your enlistment, but found that the commission ofmisconduct and summary court martial less than two months prior to your discharge supported the low markings. The Board concluded that your record is without error or injustice, and determined that an upgrade to an honorable characterization ofservice is not warranted. Accordingly, your application has been denied. It is regrettable that the circumstances ofyour case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon submission ofnew and material evidence. New evidence is evidence not previously considered by the Board. In this regard, it is important to keep in mind that a presumption ofregularity attaches to all official records. Consequently, when applying for a correction ofan official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. Sincerely, Executive Director