DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 524-16 
JAN 03 2017 

Dear

This is in reference to your application for correction of your 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 9 September 2016. The names and votes of the 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 ofyour application, together 
with all material submitted in support thereof, your naval record, and applicable statutes, 
regulations, and policies. 

After careful and con,scientious 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 ofactive duty on 23 January 1961. On 23 July and 
28 October 1963, you received nonjudicial punishment (NJP) for unauthorized absence (UA). 
You entered another period ofUA that terminated when you were apprehended by civil 
authorities and subsequently convicted in civil court ofpetty larceny and uttering a bad check. 
On 12 March 1964, you were convicted by special court-martial (SPCM) oftwo periods ofUA 
and failure to obey a lawful order. In view ofthe foregoing, administrative discharge action was 
initiated. After you were advised ofyour rights, you waived your procedural rights. Your 
commanding officer recommended a General (under honorable conditions) discharge by reason 
of misconduct, and forwarded your case. The discharge authority concurred with the 
recommendation and directed a General discharge by reason ofmisconduct. On 20 May 1964, 
you were so discharged. 

The Board, in its review ofyour entire record and application, carefully considered your desire to 
upgrade your discharge. The Board also considered your contention that you were needed at 
home to help your mother during an emergency. Nevertheless, the Board concluded these 
factors were not sufficient to warrant recharacterization ofyour discharge, given the seriousness 
of your misconduct as evidenced by two NJPs, a civilian conviction, and a SPCM. Further, there 
is no evidence in the record, and you submitted none, to substantiate or justify your reason for 
committing misconduct. 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 of new 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 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,