DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 3111-19 Ref: Signature Date This is in reference to your application of 11 March 2019 for correction of your father’s 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 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 14 May 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 father’s naval record, and applicable statutes, regulations, and policies. Your father, Mr. enlisted in the Navy and began a period of active duty on 5 June 1958. On 3 July 1959, Mr. received non-judicial punishment (NJP) for insubordinate conduct. On 7 October 1959, Mr. received his second NJP for wrongful possession of a switchblade knife. On 22 January 1960, Mr. was convicted by summary court-martial (SCM) of an unauthorized absence. On 18 November 1960, Mr. was convicted by SCM of drunk in uniform in a public place and breach of peace by wrongfully engaging in a fistfight on a public street in , with Sailors. On 31 July 1962, Mr. received his third NJP for failure to obey a lawful order. Subsequently, Mr. was informed that he is not recommended for reenlistment due to chronic misconduct. On 14 September 1962, at the expiration of his active service, Mr. was discharged with a general (under honorable conditions) characterization of service. The Board carefully weighed all potentially mitigating factors, including your desire to upgrade Mr. discharge. The Board considered your contention that your father served during the Cuban Missile Crisis. After he was discharged, he continued to consider himself a Sailor and promoted the Navy whenever and wherever he could. Your father also served as a civil servant and a volunteer firefighter after his discharge. You further contend that given the period of time that your father served, his continued dedication to the Navy after his discharge, and the limited but significant impact that this change would have, you respectfully request that his characterization of service be changed to honorable. The Board recognizes your father’s post-service commendations, however, concluded that these factors were insufficient to warrant relief because of the seriousness of Mr. repeated misconduct that resulted in three NJP’s and two SCM convictions. Accordingly, under the totality of the circumstances, the Board discerned no probable material error or injustice in the discharge. 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, 6/5/2020