DEPARTMENT OF THE NAVY 

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

Docket No: 1769-17 

AUG 2 2 2018 


Dear 

This is in reference to your application for correction of your naval record pursuant to the 
provisions of title 10 of the United States Code, section 1552. 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. Consequently, your application 
has beeri denied. 

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 three
member panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 2 May 2018. The names and votes of the members of the panel 
will be furnished upon request. Your allegations oferror 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 of your application, together 
with all material submitted in support thereof, relevant portions of your naval record, and 
applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 24 October 1966. You served for 
a year without disciplinary incident, but during the period from 12 October 1967 to 2 April 1968, 
you received nonjudicial punishment (NJP) and were convicted by special court-martial (SPCM). 
Your offenses were dereliction in the performance of duties and larceny. You were counseled for 
below average performance of duties. Subsequently, you were notified of pending 
administrative discharge processing with a general under honorable characterization of service 
due to substandard performance. On 20 May 1968, you received a general discharge. 
Character of service is based in part on conduct marks assigned on a periodic basis. Your 
conduct mark average was 2.10. A 3.0 conduct mark average was required for a fully honorable 
discharge. 

The Board carefully weighed all potentially mitigating factors including your contentions that 
you received no special schooling and had to learn every job by doing it with little training and 
that you were told after five years you could get an upgrade to full honorable. The Board found 
that these factors were not sufficient to warrant relief in your case because of the seriousness of 
your repeated misconduct that resulted in an NPJ, an SPCM, your substandard performance, and 
insufficiently high conduct mark average. In regard to your contentions the Board relies on a 
presumption ofregularity to support the official actions of public officers and, in the absence of 
substantial evidence to the contrary, will presume that they have properly discharged their 
official duties. The Board found that your record contains documentary evidence that is contrary 
to your assertion that you received little or no training, but that you required constant supervision 
and that attempts were made to place you in a job of your choice, but you declined. Finally, 
there is no provision of law or in Navy regulations that allows for recharacterization of service 
due solely to the passage of time. The Board in its review discerned no impropriety or inequity 
in the discharge. 

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 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 of probable material error or injustice. 

Sincerely, 


Executive Director