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

Docket No: 6872-18 
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 27 August 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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies.

You enlisted in the Navy on 12 February 1965. On 11 March 1965, you received non-judicial punishment (NJP) for unauthorized absence (UA) totaling two day. On 9 November 1965, you were convicted by special court-martial (SPCM) of three specifications of UA totaling 43 days and two specification of breaking restriction. On 14 June 1967, you were released from active duty within three months of the end of obligated service and received a general under honorable conditions characterization of service.

The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge and contentions that you would like to be buried in a veteran cemetery and receive full benefits of an honorable discharge. However, the Board concluded that these factors were not sufficient to warrant upgrading your discharge given your misconduct on active duty and final marks received when discharged.  The Board noted 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 2.8. An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service.

In regard to your contentions that you would like to be buried in a veteran cemetery. The Board noted whether or not you are eligible to be buried in a veteran cemetery is a matter under the cognizance of the Department of Veterans Affairs (VA) or your local cemetery and you may contact each concerning your right to apply for this benefit.

In regard to your contention that you like to receive full benefits of an honorable discharge, whether or not you are eligible for benefits is a matter under the cognizance of the VA, and you may contact the VA concerning your right to apply for benefits based on a portion of your service or the methods for appeal if you have been denied benefits.

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,