Docket No: 10753-19            
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 relevant portions of your naval record and your application, 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 5 October 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, applicable statutes, regulations, and policies to include the 25 July 2018 Under Secretary of Defense Memo on Guidance to Military Discharge Review Boards and Boards for Correction of Military / Naval Records Regarding Equity, Injustice, or Clemency Determinations.  
 
You enlisted in the Navy and began a period of active duty on 21 November 1944.  From 8 May 1945 through 24 June 1945, you participated in combat operations in the capture and occupation of .  On 3 June 1946, you were found guilty at summary court martial for absence without leave (AWOL) on 16 and 21 May 1946; unlawful possession of the identification and liberty cards of another person (two offenses); and unlawful possession of the personal property of another person.  On 29 July 1946, you were apprehended by civil authorities at ,   and delivered to the Navy Recruiting Station as a straggler out of uniform.  On 26 August 1946, you appeared at Captain’s Mast for AWOL for a period of about 27 days and 14 hours out of uniform.  You were subsequently recommended for a general court martial and found guilty of AWOL and for conduct prejudicial to good order and discipline.  The Court sentenced you to reduction in rate, confinement for 24 months and a dishonorable discharge.    The convening authority mitigated your sentence by reducing the period of confinement to 9 months and 2 days.  On 28 January 1947, you were recommended for restoration to military duty beginning 22 April 1947, after completion of four months of your sentence.   After being restored to duty, on 27 July 1947, you were apprehended while attempting to return aboard ship, while on unauthorized liberty and while under the influence of alcohol.  You appeared at Captain’s Mast on 1 August 1947; your probation period was terminated and you were recommended for completion of the remaining portion of the sentence as mitigated by the convening authority and subsequent discharge from the Navy.  You were separated from the Navy on 1 December 1947 and received a bad conduct discharge (BCD). 
 
In your application for consideration, you ask for an upgrade to your discharge.  You state that because you wanted to serve, you lied about your birth date so that you could join the Navy at age 16.  You regret being absent without authorization as a young man and sincerely apologize.  You ask that the Board accept your apologies and upgrade your bad conduct discharge. 
 
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your youth at the time of your service, your personal statement regarding your marriage of over 61 years, and dedicating your life to faith.  The Board also noted your sincere apology as well as the length of time that has passed since your separation from military service.  In reviewing the circumstances of your separation and characterization of service, the Board considered the totality of the circumstances to determine whether relief is appropriate today in the interests of justice in accordance with guidance provided by the Under Secretary of Defense for Personnel and Readiness (Wilkie Memo of 25 July 2018).  Accordingly, the Board considered and acknowledged your positive contributions to the Navy, the length of your active duty service to our nation, and your post-discharge achievements.  Even considering these potentially mitigating factors in accordance with the above referenced guidance, the Board did not find that relief was in the interest of justice.  The Board concluded that your BCD discharge characterization was issued without error or injustice, and that corrective action is not 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 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,