DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 1367-19 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 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 4 February 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, as well as applicable statutes, regulations, and policies. You enlisted in the Navy on 30 June 1966. During the period from 21 November 1966 to 9 February 1967, you were in an unauthorized absence (UA) status on two separate occasions, which was resolved at division level. On 16 March 1967, you received an enlistment performance evaluation, which noted you had “difficulty in conforming to Navy standards of behavior,” were “late on numerous occasions,” and had “serious difficulty in adapting to Navy life.” The evaluation also noted that your professional performance was below par and that you did not strive to improve. On 10 June 1968, you were counseled on not being recommended for reenlistment due to low average of evaluation marks in military behavior. On 29 June 1968, you were discharged with a general under honorable conditions characterization of service due to end of active obligated service (EAOS). The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge, contentions that you served honorably while ashore and aboard the , you served in straight out of high school, you had no derogatory marks on your record, no UA, and never missed ship’s movement. The Board also noted your contention that the Department of Veterans Affairs (DVA) denied your Veteran’s exemption on your house. However, the Board concluded that your misconduct and low marks in behavior outweighed your desire to upgrade your discharge. The Board noted that character of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations. Your conduct average was 2.8. An average of 3.0 in conduct was required at the time of your separation for an honorable characterization of service. In regard to your contention that you served honorably while ashore and aboard the and you served in straight out of high school, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment. In regard to your contention that you had no derogatory marks on your record, no UA, and never missed ship’s movement, the Board noted that the record contains documented evidence which is contrary to your contention. The record clearly shows that you were in a UA status on two separate occasions, which was resolved at division level and you also received a negative evaluation on 16 March 1967, which noted, among other things, that you were “late on numerous occasions.” Regarding your contention that the DVA denied you Veteran’s exemption on your home, whether or not you are eligible for benefits is a matter under the cognizance of the DVA, and you may contact the nearest office of the DVA concerning your right to apply for benefits. If you have been denied benefits, you may appeal that denial under procedures established by the DVA. 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.