Docket No: 11791-19 
Ref: Signature date 



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 with respect to your request to upgrade your characterization of service 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 April 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, 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 7 December 1955.  On 21 May 1956, you were convicted by a summary court-martial for unauthorized absence.  On 18 September 1956, you received non-judicial punishment for unauthorized absence.  You received non-judicial punishment for unauthorized absences again on 21 January 1957 and 5 February 1957.  On 6 September 1957, you were released from active duty with a general (under honorable conditions) characterization of service and transferred to the Naval Reserve.  You served in the Naval Reserve until 16 March 1959, at which time you were transferred to the standby reserve. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, your assertion that you separated from service after completing your first obligation without any disciplinary issues pending.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading 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.