DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 7066-17 FEB 28 2019 Dear : This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 November 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 20 March 1964. You served for about 11 months without disciplinary incident, but during the period from 16 February 1965 to 17 May 1966 you received nonjudicial punishment (NJP) on three occasions, were convicted by summary court-martial on one occasion, and were convicted by special court-martial twice. Your offenses were wrongful possession of another Sailor's uniform, failure to obey a lawful order by smoking in your cubicle, absence from your appointed place of duty, wearing unauthorized civilian clothes, failure to go at the appointed time to your appointed place of duty, conduct prejudicial to good order and discipline, insubordinate conduct toward a noncommissioned officer, and two unauthorized absences (UAs) totaling five days. Although the Board lacked your entire service record book (SRB), it appears from the RB entries before the Board that you were involuntarily processed for separation by reason of misconduct. In connection with this processing, you would have acknowledged the separation action, and the separation authority would have approved a recommendation for separation. The record shows that, on 12 October 1966, you were discharged by reason of misconduct with an other than honorable (OTH) characterization of service. The Board carefully weighed all potentially mitigating factors, such as your post-service conduct and your youth and immaturity. The Board, however, concluded that these factors were not sufficient to warrant relief in your case because of the seriousness of your repeated misconduct, which resulted in three NJPs and three court-martial convictions. The Board considered your youth and immaturity as a factor in your behavior, but concluded that the severity of your repeated misconduct outweighed your current desire to upgrade your discharge. Finally, there is no provision of law or Navy regulation 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 at this time. You are entitled to have the Board reconsider its decision upon the submission of new 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 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 ofprobable material error or injustice. Sincerely, Executive Director