Docket No: 10422-18 
Ref: Signature Date 

Dear  
 
This is in reference to your application of 23 October 2018 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 that 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 19 November 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 service on 7 July 1965.  On 3 July 1967, you were informed that you were not recommended for reenlistment due to low average marks in military behavior.  On 6 July 1967, you were released from active duty due to the expiration of your active obligated service and received a general under honorable conditions characterization of service.  
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention that you need an honorable discharge in order to receive full retirement benefits from the state of   The Board noted that a member’s characterization of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations.  Your conduct average was 2.8. An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service.  Therefore, the Board concluded that your mitigating factors were insufficient to warrant upgrading your discharge given your final marks received when discharged.   
 
Regarding your contention that you need an honorable discharge in order to receive full retirement benefits from the state of   The Board noted whether or not you are eligible for retirement benefits from the state of , is a matter under the cognizance of the state of and you should contact the state of  concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the state of . 
 
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.