Docket No: 3565-19 
Ref: Signature date 
 
 
Dear  : 
 
This letter 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 with respect to your request to upgrade your characterization of service insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file the application in a timely manner, the Board found it to be in the interests 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 the application on 12 August 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 along 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 on 24 September 1959.  On 22 October 1960, your liberty was administratively curtailed by reason of unreliable conduct and incident prone behavior.  On 20 June 1961, you were convicted by civilian authorities for battery and disorderly conduct.  On 4 September 1962, you received non-judicial punishment (NJP) for unauthorized absence (UA) in violation of Article 86, Uniform Code of Military Justice (UCMJ).  On 5 November 1962, a special court-martial convicted you of two specifications of UA in violation of Article 86, UCMJ, missing movement in violation of Article 87, UCMJ, and breaking restriction in violation of Article 134, UCMJ.  Two weeks later, you received NJP on 19 November 1962 for resisting apprehension in violation of Article 95, UCMJ, and for drunk and disorderly conduct and wearing the improper uniform, both in violation of Article 134, UCMJ.  On 5 December 1962, a summary court-martial convicted you of insubordinate conduct toward a noncommissioned officer in violation of Article 91, UCMJ.  On 24 December 1962, you received NJP for disrespecting a senior petty officer in violation of Article 91, UCMJ.  Finally, on 22 January 1963 you received NJP for disrespecting an officer in violation of Article 89, UCMJ, willfully disobeying a superior petty officer in violation of Article 91, UCMJ, and indecent exposure in violation of Article 134, UCMJ. 
 
You received to an administrative discharge board on 22 January 1963.  That board recommended that you be discharged from the naval service with an undesirable (other than honorable) characterization of service.  Notwithstanding this recommendation, the Chief of Naval Personnel decided to hold execution of your discharge in abeyance pending a probationary period to determine your rehabilitation potential.  Upon the completion of your term of service, you were discharged from the Navy on 12 September 1963.  You received a general discharge certificate and you were not recommended for reenlistment. 
 
You asserted that the characterization of your service should be upgraded from general to honorable because any “legal action that may have been pending at the time of [your] discharge was never pursued.”  The Board carefully weighed your assertion as well as all potentially mitigating matters.  The Board noted that you provided no support for your assertion, and none could be found in your records.  To the contrary, your record reflects a significant number and variety of disciplinary infractions and legal actions, including a civilian conviction, two courts-martial, and several NJPs.  The Board further noted that the Chief of Naval Personnel extended considerable clemency by allowing you to serve out your service contract and holding the results of the administrative discharge board in abeyance so that you could receive a general discharge at your expiration of obligated service.  Accordingly, after careful consideration of your contention, the Board did not find evidence of an error or injustice that warrants upgrading your 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 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,