DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 4875-18 Date: Ref Signature Dear This letter 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 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 17 July 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. Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to its understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. You enlisted in the Navy and began a period of active service 28 January 1963. On 5 September 1963, you received non-judicial punishment (NJP) for unauthorized absence (UA) from your appointed place of duty. On 22 October 1963, in accordance with your plea of guilty, you were convicted by civil authorities in of robbery of a local citizen. On 1 November 1963, you received your second NJP for UA. On 17 December 1963, an administrative discharge board (ADB) convened and recommended your discharge from the naval service with an other than honorable (OTH) characterization of service by reason of misconduct-civil conviction. On 20 January 1964, the discharge authority approved and directed an other than honorable (OTH) characterization of service by reason of misconduct-civil conviction. On 30 January 1964, you were so discharged. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your contentions that you were immature, chose the wrong associates, and did not realize the consequences of your actions at the time. You state that you have not had an incident with the law in 54 years. The Board considered your youth and immaturity as factor in your behavior, but concluded that the severity of your misconduct outweighed your current desire to upgrade your discharge. Members of the armed services who are convicted by civil authorities are subject to discharge. The Board judges the seriousness of a single act on its own merit, and that act can neither be excused nor extenuated based solely on its isolated nature. Under the totality of the circumstances, the Board concluded that your discharge was appropriate based on the seriousness of your misconduct. 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.