Docket No: 3300-19 
Ref: Signature date 



This letter is in reference to your application of 14 March 2019 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 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, 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 4 November 1963.  On 14 April 1965 and 26 May 1965, you received non-judicial punishment (NJP) for unauthorized absence and disobeying orders, underage drinking, and disorderly conduct.  On 19 February 1966 you were arrested for battery, resisting arrest, intoxication, speeding, disturbing the peace, and property damage.  On 25 February 1966, you again received NJP for unauthorized absence.  On 10 May 1966, you were sentenced to six months in jail and one year of probation by civilian authorities.  On 14 June 1966, you were notified of your rights with respect to administrative discharge processing due to civilian conviction.  You waived your procedural rights, and on 20 July 1966, you were discharged from the Navy with an other than honorable characterization of service (contrary to the material you presented to the Board). 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and your assertion that you were given an undesirable discharge because you were in a car wreck and did not believe that you should have been discharged.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.  The naval records on file demonstrate that you were discharged due to a civilian conviction, and that you were apprised of that rationale at the time. The Board concluded that your current characterization does not reflect an error or injustice that merits corrective action. 

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.