Docket No:  9963-18 
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 26 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 and began a period of active duty on 9 April 1959.  On 22 July 1960, you were convicted by a special court-martial (SPCM) of assault on shore patrol and wrongfully communicating a threat.  On 10 October 1960, you were convicted by a summary court-martial (SCM) of assault on a petty officer.  On 7 December 1960, you received nonjudicial punishment (NJP) for missing movement and absence without leave.  On 14 February 1961, you received NJP for dereliction of duty by failing to relieve the watch on time.  On 30 June 1961, you received NJP for violation of a lawful order by sleeping late after having been awakened at reville.  On 8 September 1961, you were convicted by a SCM of disrespect to a commissioned officer.  Subsequently, administrative discharge action was initiated by reason of unfitness.  On 18 September 1961, you waived your right to an administrative board.  On 4 October 1961, you received NJP for conspiracy and false official statements.  After being afforded all of your procedural rights, your case was forwarded to the separation authority for review.  It was recommended that you receive an other than honorable (OTH) discharge due to misconduct.  Your commanding officer (CO) commented: “will not willingly follow prescribed rules and regulations.  He does not wear the uniform with pride; he continually flaunts authority and will not attempt to get along with those officers and men with whom he works.”   On 4 October 1961, the separation authority concurred with your CO’s recommendation and directed that you be separated with an undesirable discharge.  You received an Undesirable discharge on 17 October 1961. 
 
The Board carefully weighed all potentially mitigating factors, such as your request to upgrade your discharge, and assertions that you did all the Navy asked of you regarding training new personnel on ship and others, you were young, you got in a fight with a senior person, and have not had any similar problems in 57 years.  The Board concluded these factors and assertions were not sufficient to warrant a change to your discharge given your misconduct, which resulted in 4 NJPs, 2 SCM convictions, and an SPCM conviction.  The Board found no material error or injustice in the discharge or the characterization of your 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.