DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE  1001
ARLINGTON,  VA  22204-2490

Docket No: 6439-18
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 16 October 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 January 1951.  During the period from 23 April 1951 to 8 June 1953, you received seven non-judicial punishments (NJP) for insolence toward a noncommissioned officer in performance of duty, improper uniform, unauthorized absence on two occasions, wrongful possession of an overnight pass, disobedience of orders on two occasions, absent over leave period, drunk and disorderly, failure to obey orders, and leaving ship without permission. On 2 February 1952, you were convicted by special court-martial (SPCM) of an unauthorized absence totaling eight days. On 13 January 1953, you were convicted by summary court-martial (SCM) of an unauthorized absence totaling nine days. On 1 March 1954, at the expiration of your active service, you were discharged with a general (under honorable conditions) characterization of service.

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge. The Board considered your contentions that “a one month, seventeen year old boy has no grown up thought process in his undeveloped brain other than good times that brought him doing stupid things.” Regardless of the “stupidity,” you managed to serve your country with two combat stars and a citation for meritorious service onboard the USS . Upon discharge, you applied the discipline and order to your life, managed your own business, and employed many others. The Board commends you on your post service accomplishments, however, concluded these factors were not sufficient to warrant an upgrade of your character of service given your misconduct that resulted in seven NJPs, an SCM conviction, and an SPCM conviction. Additionally, character 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 3.12. An average of 3.25 in conduct was required at the time of your separation for an honorable characterization of service. In view of the forgoing, the Board discerned no material error or injustice in the discharge action that would warrant a change in your characterization of service.

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.

Sincerely,