Docket No:  10409-18 
Ref: Signature date 

Dear  
 
This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (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, sitting in executive session, considered your application on 23 September 2019.  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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 3 April 1958.  On 11 September 1958, nonjudicial punishment (NJP) was imposed on you for violation of a lawful order.  On 18 June 1959, NJP was imposed on you for unauthorized absence (UA).  On 13 November 1959, NJP was imposed on you for attempting to swim in an unauthorized place in improper attire.  On 30 November 1959, NJP was imposed on you for profane and abusive language to Armed Services Police.  On 28 December 1959, NJP was imposed on you for drunkenness and obscene language.  On 30 December 1959, an administrative board found no basis for administrative separation.  On 21 January 1960, you were transferred from  to the  with six months of probationary time for observation for conduct.  On 8 March 1960, NJP was imposed on you for drunk in uniform in a public place.  On 10 March 1960, you requested captain’s mast to request retention in submarines.  Your commanding officer, with the commander of  concurrence, granted three more months’ probation, due to your outstanding performance as a quartermaster striker.  On 23 April 1960, you were designated qualified in submarines.  On 2 September 1960, NJP was imposed on you for drunk in public.  On 23 February 1961, NJP was 
imposed on you for drunk in public.  Subsequently, administrative discharge action was initiated by reason of unfitness due to frequent involvement of a discreditable nature with civil/military authorities.  On 21 March 1961, you waived both counsel and an administrative board.  On 6 April 1961, NJP was imposed on you for UA.  On 7 April 1961, your commanding officer recommended you be discharged for unfitness.  On 24 April 1961, the Chief of Naval Personnel approved the administrative discharge.  You received an undesirable (under other than honorable conditions) discharge for unfitness on 9 May 1961. 
 
The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge, as well as your contentions that you have not had a drink of alcohol in 45 years, are a productive member of society, and retired from the after 40 years of honest hard work.  The Board also considered that you request an honorable discharge only to join the Bullhead Base and you would not gain anything.  The Board noted you waived your procedural rights in connection with your administrative separation forgoing an opportunity to advocate for a more favorable characterization of service while the details of your service were readily available.  Although the Board commends your post service conduct, the Board concluded your mitigating factors were not sufficient support to warrant a change to your discharge given your misconduct, which resulted in nine NJPs. 
 
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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  New matters are those not previously presented to or 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.