DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 0188-19    
Date: Ref Signature 

This is in reference to your application of 18 October 2018 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 8 January 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 8 December 1955.  From the period beginning on 16 July 1956 to 4 March 1957 you received non-judicial punishment (NJP) on three occasions for the following offenses: drunk and disorderly, sleeping during work hours, and dereliction in the performance of your duty.  On 14 June 1957, you were convicted at special court-martial (SPCM) of unauthorized absence (UA).  On 29 November 1957, you received NJP for UA.  On 4 December 1957, you were convicted at summary court-martial (SCM) for UA. On 9 July 1958, you received NJP for insubordinate conduct.  On 24 September 1958, you were convicted at summary court-martial (SCM) for assault.  On 17 October 1958, you received NJP for failure to obey a lawful order.  On 26 November 1958, you were discharge with a general characterization of service by reason of convenience of the government (COG).  At the time of your discharge your overall trait average (OTA) was 2.94. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, and contention you did your duty, and you were discharged as a result of unfairness and injury.  The Board noted that there is no evidence in your record, and you submitted none, to support your contentions.  The Board noted your overall trait average (OTA) was 2.94, which was below the OTA of 3.0 required at the time of your separation for a fully honorable 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. 

Sincerely, 

1/24/2020