DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 8667-18 Ref: Signature Date 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 28 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, 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 29 May 1959. You subsequently completed this enlistment with an honorable characterization of service on 4 June 1962 and reenlisted on 5 June 1962. During the period from 11 May 1964 to 19 November 1964, you received three non-judicial punishments (NJP) for misconduct including being absent from your appointed place of duty, unauthorized absence totaling 12 hours and 30 minutes, unauthorized absence totaling 13 hours, an unauthorized absence totaling two days, dereliction of duty, possession of an unauthorized identification card, breaking restriction and violation of a regulation. On 13 May 1965, you were convicted by summary court-martial (SCM) of an unauthorized absence totaling 14 days. On 19 August 1965, you were convicted by special court-martial (SPCM) of an unauthorized absence totaling 24 days. On 11 January 1966, you were convicted by a second SPCM of an unauthorized absence totaling 71 days. You were awarded as punishment, forfeitures of pay, confinement, and to be discharged from the naval service with a bad conduct discharge (BCD). After the BCD was approved at all levels of review, your Form DD 259N certificate was issued and you were so discharged on 3 June 1966. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and your contention that when you were discharged you were informed by the commanding officer that your discharge would automatically change to under honorable conditions after six months. The Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of clemency. Your request was fully and carefully considered by the Board in light of the Secretary of Defense’s 25 July 2018 memorandum, “Guidance to Military Discharge Review boards and Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or Clemency Determinations.” The Board determined that no clemency is warranted in your case. In this regard, the Board concluded that there was insufficient evidence to warrant clemency given the severity of your misconduct, which resulted in three NJPs, a SCM conviction, and two SPCM convictions and subsequent BCD. Moreover, there is no provision of law or in Navy regulations that allows for re-characterization of service due solely to the passage of time. Under the totality of the circumstances, the Board in its review discerned no material error or injustice in your discharge, nor did it find that clemency 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.