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

Docket No: 0412-19
Ref: Signature Date 

Dear

This is in reference to your application of 30 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 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 29 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 26 November 1963.  On 22 June 1964, you received non-judicial punishment (NJP) for an unauthorized absence totaling two days.  On 7 January 1965, you received your second NJP for an unauthorized absence totaling five days.  On 25 October 1965, you were not recommended for reenlistment due to not meeting required marks in military behavior.  Subsequently, on 13 November 1965, you were discharge with a general (under honorable conditions) characterization of service and transferred to the Naval Reserve.  On 28 August 1968, you were discharged from the Naval Reserve with a general (under honorable conditions) characterization of service by reason of expiration of enlistment/fulfillment of service obligation.
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge.  The Board considered your contention that your DD Form 214 shows you received an honorable discharge.  The Board concluded that these factors were not sufficient to warrant relief because of your non-recommendation for reenlistment, misconduct and performance trait average.  The Board noted that the characterization of service is based, in part, on conduct and overall trait averages which are computed from marks assigned during periodic evaluations.  Your conduct average was 2.8. An average of 3.0 in conduct was required at the time of your separation for a fully honorable characterization of service.  Regarding your contention, the Board noted that your record contains documented evidenced that is contrary to your contention.  The Board, in its review, discerned no material error or injustice in 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 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,