DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490
                             
Docket No: 1610-19 
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 23 June 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 and began a period of active duty on 6 October 1954.  During the period from 6 November 1956 to 18 April 1958, you were convicted by summary court-martial (SCM) of 14 days of unauthorized absence (UA), received two nonjudicial punishments (NJPs) for two brief periods of UA and missing ship’s movement, and convicted by special court-martial (SPCM) of 64 days of UA.  On 1 May 1958, you were again convicted ty SPCM of two specifications of UA totaling 20 days.  You were sentenced to confinement at hard labor, forfeiture of pay, reduction in paygrade, and a bad conduct discharge (BCD).  On 15 August 1958, you waived your right to request restoration to full duty stating, “I can’t get adjusted.”  You were discharged from the Navy on 1 October 1958, with an other than honorable characterization of service. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, personal statement, letter of support from a retired sergeant major, and your desire to have your characterization of service upgraded.  The Board also considered your assertions that the decision you made then, was one of the worst you had ever made in your life, you know that it is not an excuse, and you should have completed your obligation.  Additionally, the Board considered that, since your discharge, you have worked, raised a family, and served over 25 years as a fire fighter.  You also assert that since retiring, you do volunteer work, have continued to support your family of six, and are taking care of your wife who is suffering from Alzheimer’s.  The Board concluded these factors and assertions were not sufficient to warrant recharacterization of your discharge given your two NJPs, SCM, and two convictions by SPCM. 
 
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,