Docket No: 5-19 
Ref: Signature Date     

Dear  
 
This is in reference to your application of 12 November 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 10 December 2019.  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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy and began a period of active service on 30 September 1960.  On 20 September 1961, you received non-judicial punishment (NJP) for one day of unauthorized absence (UA).  On 6 February 1962, you were convicted by special court-martial (SPCM) of UA totaling 32 days.  On 10 July 1962, you were convicted by summary court-martial (SCM) of UA totaling six days.  On 9 November 1962, you were convicted by SPCM of two specifications of UA totaling 59 days.  You were sentenced to confinement for six months, forfeiture of pay, and a bad conduct discharge (BCD).  After the BCD was approved at all levels of review, on 1 April 1963, you were discharged. 
 
The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge and contentions that you were xx years old, stupid and you are now xx years old in bad health.  However, the Board concluded that the severity of your misconduct outweighed your desire upgrade your discharge.  Regarding your contention that you were xx years old and stupid, the Board noted that the evidence of record did not show that you were not responsible for your conduct or that you should not be held accountable for your actions.  Regarding your contention that you are now xx years old in bad health, whether or not you are eligible for benefits is a matter under the cognizance of the Department of Veterans Affairs (DVA), and you should contact the nearest office of the DVA concerning your right to apply for benefits.  If you have been denied benefits, you should appeal that denial under procedures established by the DVA. 
 
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.