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

Docket No: 3451-19 
Date: Ref Signature 

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 21 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 naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active service on 3 January 1946.  From the period beginning on 1 June 1946 to 22 April 1947 you received non-judicial punishment (NJP) on three occasions for the following offenses: three specifications of neglect in duty, larceny, and two specifications of negligence in obeying an order.  On 24 May 1947, you received NJP for unauthorized absence (UA) and missing ships movement.  On 23 June 1947, you were convicted at a general court-martial (GCM) for UA and conduct to the prejudice of good order and discipline-deliberately missing ships movement.  You were sentenced to confinement and a bad conduct discharge (BCD).  On 7 July 1947, you received NJP for theft and unauthorized possession of cigarettes.  On 12 November 1947, the final appellate review affirmed and directed the execution of your bad conduct discharge (BCD).  On 19 December 1947, you were discharged with a BCD as a result of a court-martial conviction. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and your contentions of improper counsel, your inability to defend yourself, that the circumstances surrounding your misconduct could not have been foreseen, and that the harsh nature of your circumstances offered no alternatives.  The Board noted you failed to provide evidence to support your contentions.  Further, your naval record is contrary to your assertions that you were unaware of ships movement.  The Board noted your continued misconduct following your GCM conviction.  The Board considered your overall service and concluded that the severity of your repeated misconduct outweighed your current desire to upgrade your 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,