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

Docket No: 6987-18               
Ref: Signature Date 

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 20 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 21 January 1965.  During the period from 29 November 1965 to 22 September 1967, you received five nonjudicial punishments (NJP) for three specifications of failure to obey a lawful order, failure to be at appointed place of duty, unauthorized absence (UA) for 23 hours, and fighting in the enlisted club.  On 9 October 1967, you were diagnosed with an anti-social personality.  On 28 November 1967, a Physical Evaluation Board (PEB) recommended you be retained in the Navy and receive a retention warning counseling.  During the period from 19 January and 8 March 1968, you received two NJPs for two specifications of UA totaling one hour and 50 minutes.  On 21 March 1968, you were convicted by summary court-martial (SCM) of failure to obey a lawful order.  Subsequently, you were notified of pending administrative separation action by reason of frequent involvement with military authorities of a discreditable nature.  You elected to consult with legal counsel and subsequently requested an administrative discharge board (ADB).  The ADB found that you committed misconduct due to frequent involvement and recommended you receive a general discharge.  Your commanding officer, however, recommended that you receive an undesirable discharge. On 2 July 1968, you were discharged with an undesirable, other than honorable (OTH), discharge. In August 1977, the Naval Discharge Review Board changed your discharge to a general characterization of service. 

The Board carefully considered your request to upgrade your discharge to honorable.  You state that no one should have to go through what you did and that you wanted to make the Navy a career, but were not given the opportunity to do so.  You also explained that you thought your discharge had been upgraded to honorable already. As noted above, however, your discharge was previously upgraded to general instead of honorable.  The Board discerned no material error or injustice in your general discharge characterization and thus concluded that no further change to your record was warranted. 

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, 


10/7/2019