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


Docket No: 2427-17 
SEP 13 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 of the entire record, the Board found the evidence submitted was insufficient to 
establish the existence of probable material error or injustice. Consequently, your application 
has been denied. 

Although your application was not filed in a timely manner, the Board found it in the interest of 
justice to waive the statute of limitations and consider your application on its merits. A threemember 
panel of the Board for Correction of Naval Records, sitting in executive session, 
considered your application on 9 July 2018. The names and votes of the members of the 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 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 26 February 1965. On 22 April 
1966, you were convicted by special court-martial (SPCM) of 26 days of unauthorized absence 
(UA) and missing ship's movement. On 19 August 1966, you were convicted by summary 
court-martial (SCM) of two specification of UA totaling 16 days and breaking restriction. On 
22 September 1966, you received NJP for three days of UA. You were also counseled and 
warned that further misconduct could result in administrative discharge action. On 3 February 
1967, you were convicted by SCM of disrespect and will disobedience of a superior officer. 

Subsequently, you were notified of pending administrative separation action by reason of 
unfitness. After being afforded all of your procedural rights, you submitted a personal statement 
requesting probation to prove you could stay in line. Your case was forwarded to the separation 
authority with the recommendation that you be discharge by reason of unfitness. On 6 March 
1967, the separation authority directed that you received an undesirable discharge. However, 
that your discharge be held in abeyance for 12 months, and you were advised of the status of 
your probation. On 17 March 1967, you were convicted by a third SCM of possession and consumption 
of alcohol on board ship. On 22 March 1967, you commanding officer informed the separation authority 
of your probation violation, and you were transferred for separation processing. You received an other 
than honorable discharge on 17 April 1967. 

The Board in its review of your entire record and. application, carefully considered your desire to 
change your discharge and your statement about your health issues regarding exposure to agent orange 
and your positive post service conduct. The Board also consider your statement that you were young, 
short tempered and regret all the bad decisions that you made during your service. The Board found that 
these factors were not sufficient to warrant an upgrade to your discharge given your misconduct, which 
resulted in your SPCM, NJP and three convictions by SCM, one of which was after you were placed on 12 months' 
probation, giving you the opportunity for retention and to earn a better characterization of service. 

In regard to your contention that you need Department of Veterans Administration (DVA) benefits to help with 
medical care due to being exposed to Agent Orange or other herbicides during your military service, you should 
contact the nearest office of the DV A concerning your right to apply for benefits or appeal an earlier 
unfavorable determination. 

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 of new and material evidence or 
other matter not previously considered by the Board. In this regard, it is important to keep in mind that a 
presumption of regularity attaches to all official records. Consequently, when applying for a correction of 
an official naval record, the burden is on the applicant to demonstrate the existence of probable material 
error or injustice. 

Sincerely,

Executive Director