Docket No: 10686-19  
Ref: Signature Date 
  
 
Dear : 
 
This is in reference to your application of 1 November 2019 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 30 September 2020.  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, and applicable statutes, regulations, and policies. 
 
You enlisted in the Navy and began a period of active duty on 18 May 1964.  On 20 October 1964, non-judicial punishment (NJP) was imposed on you for assault.  In November 1964, you received a mark of 2.0 in military behavior.  On 5 November 1964, NJP was imposed on you for dereliction of duty.  On 23 March 1965, you received a civil conviction for disorderly conduct and being drunk in public.  On 6 May 1965, you received a mark of 2.6 in military behavior.  On 29 June 1965, NJP was imposed on you for failure to go at the prescribed time to your appointed place of duty.  On 31 August 1965, you received a mark of 2.8 in military behavior.  On 28 January 1966, you were discharge with a general characterization of service by reason of physical disability.  Your final trait average was 2.46.  
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contention you were told your discharge would be upgraded to honorable if you did not receive a civil conviction for six months following your discharge.  You contend you have never received a civil conviction.  You contend your misconduct was due to car trouble, and you had an honorable discharge from the Navy Reserves prior to your entrance into active naval service.  You are advised there is no provision in law or regulation that allows for automatic recharacterization due solely to no involvement with civil authorities over a period of time. Your characterization encompasses a review of your entire record, weighing significant positive and negative aspects of your overall service record, as well as your overall trait averages, which are computed from marks assigned during periodic evaluations.  Your overall trait average was 2.46, which was below the overall trait average of 2.7 required at the time of your separation for a fully honorable characterization of service.  After careful consideration of your contentions, the Board determined you were assigned the appropriate characterization of service and found no probable material error or injustice. 
 
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,