DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
Docket No: 4655-17 

Dear

This is in reference to your application for correction of your naval record pursuant to the provisions oftitle 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 of limitations and consider your application on its merits. A three­member panel of the Board for Correction ofNaval Records, sitting in executive session, considered your application on 24 July 2017. The names and votes of the members ofthe 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 ofthis Board. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, relevant portions ofyour naval record and applicable statutes, regulations and policies. 

You enlisted in the Navy and began a period of active duty service on I l August 1943. You served over one year without disciplinary incident. On 16 November 1943, you received Captain's Mast/nonjudicial punishment (NJP) for not reporting for duty in wardroom after returning from Gunnery School. On 29 November 1944, you received nonjudicial punishment (NJP) for stealing a helmet with a cap insignia of a lieutenant; you were taken to summary court martial on 8 December 1944, for the same offense and were sentenced to confinement for 30 days and forfeiture of pay. On 24 July 1945, you received a second NJP for disrespect"ful language to a superior and neglect of duty. Your final performance markings reflect a 2.25 for conduct in rate, and 3.70 in conduct. You were discharged from the Navy on 25 March 1946, with a under honorable conditions characterization of service. 

After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material or injustice. The Board considered your request for an upgrade to your discharge characterization from general to honorable. When making its determination, the Board noted that you contend that you were subject to discrimination during your time in the Navy and therefore, your record merits correction to the discharge characterization. The Board also noted that you would like to upgrade your discharge characterization for purposes of obtaining automobile insurance. 

The Board, in its review ofyour entire record and application, carefully weighed all potentially mitigating factors, such as your contention that you were subject to discrimination. The Board found that your assertion alone did not support a finding of disc1imination and that absent evidence ofmistreatment, an upgrade to your under honorable conditions characterization of service was not warranted. The Board concluded that your in-service conduct, which included three NJPs and a summary court martial conviction, were sufficient grounds for the issuance of a under honorable conditions vice honorable characterization ofservice. The Board detennined that in consideration of your misconduct and after a review ofyour performance markings, that the under honorable conditions characterization of service was properly issued and did not warrant an upgrade. Accordingly, your application has been denied. 

It is regretted that the circumstances of your case are such that favorable action cannot be taken at this time. You are entitled to have the Board reconsider its decision upon the submission of new and material evidence. ew 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 al I official records. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence ofprobable material error or injustice. 

Sincerely, 

Executive Director