DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8041-18 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 19 July 1960. On 20 October 1962, you were convicted by civilian authorities of false identification, minor in possession and drunk, resisting arrest, disorderly conduct, and minor in a cabaret. On 12 March 1963, you were convicted by special court-martial (SPCM) of wrongful appropriation and assault. On 29 March 1963 you received non-judicial punishment (NJP) for drunk in public. On 19 June 1963, you received NJP for an unauthorized absence totaling 11 days. Subsequently, you were notified of pending administrative separation action, at which time you elected your case to be heard before a field board. The field board recommended administrative discharge with an undesirable (other than honorable) character of service. The Chief of Naval Personnel (CNP) approved the field board’s recommendation. However, CNP desired that the execution of your other than honorable discharge (OTH) be held in abeyance by the commanding officer (CO) pending further observation of your conduct and fitness for retention in the naval service. CNP further stated that if at any time during your probationary period of 12 months or the expiration of your active obligation service, whichever is sooner, you violate any of the terms presented to you the CO is authorized to execute the OTH discharge. On 28 August 1963, you commenced a period of unauthorized absence that concluded on 1 September 1963, totaling 4 days. As a result of your unauthorized absence you were in violation of the provisions of your probationary period and processed for administrative discharge. On 17 September 1963, you were discharged with an OTH character of service by reason of unfitness. The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge. The Board considered your contentions that you were not allowed to call witnesses; the officer representing you did not offer you any advice, except to confess to something you did not believe you did. The Board concluded that these factors were not sufficiently supported to warrant relief because of the seriousness of your repeated misconduct that resulted in civilian conviction, two NJPs, and an SPCM conviction. The Board noted that you were given an opportunity to earn a better characterization of service when you were retained in the Navy, but failed to do so as evidenced by period of unauthorized absence from 28 August 1963 to 1 September 1963. In regard to your contention, there is no evidence in the record and you did not present none to support your contention. 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.