DEPARTMENT OF THE NAVY 

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

Docket No: 03022-16 
APR 17 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 ofNaval Records, sitting in executive session, 
considered your application on 23 January 2017. The names and votes ofthe members ofthe 
panel will be furnished upon request. Your allegations oferror 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 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 21May1960. You served approximately five 
months without disciplinary incident. On 25 October 1960, you received nonjudicial punishment 
(NJP) for unauthorized absence. On 8 November 1960, at summary court martial (SCM) 
proceedings, you were found guilty oftheft. On 3 December 1960, at a second SCM, you were 
found guilty ofleaving your duty section without authority and willfully disobeying the lawful 
order ofyour superior officer. On 19 April 1962, you received a second NJP for attempted 
larceny. You were discharged on 24 May 1964, after completing four years ofservice. Your 
final performance marks indicate 2.70 for Military Behavior and 3 .15 for Proficiency. 
Accordingly, you received a general (under honorable conditions) characterization of service. 

The Board considered that you would like to upgrade your discharge characterization from 
general (GEN) to honorable. When making its determination, the Board noted your conduct and 
proficiency marks (2. 70/3 .15), which supported the GEN characterization of service. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially 
mitigating factors, such as your completion offour years ofservice and your assertion that you 
were "set up" by two fellow Sailors. However, the Board found that you failed to provide 
evidence supporting your claim, and noted that your GEN characterization ofservice was issued 
due to your final trait averages on your evaluations. The Board concluded that the GEN 
characterization ofservice was properly issued, and your record did not contain an error or 
injustice that merited an upgrade. Finally, there is no provision offederal law or in Navy 
regulations that allows for a discharge upgrade, recharacterization of service, or a change in a 
reentry due solely to the passage oftime. 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