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

Docket No. 5051-18 
Ref: Signature Date 

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 case on its merits.  A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 October 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, and applicable statutes, regulations and policies.   

A review of your record shows that you entered active duty with the Navy in March 1970.  You were convicted by a special court-martial on 19 January 1971 for 58 days of unauthorized absence.  On 1 April 1971, the Physical Evaluation Board (PEB) found you unfit for continued naval service due to Right Patella Chondromalacia, Right knee torn medical meniscus removed, and Right knee quadriceps atrophy with a combined 10% rating.  You were discharged on 1 July 1971, pursuant to the PEB findings and issued a General under Honorable conditions characterization of service. 

The Board carefully considered your arguments that you deserve an Honorable characterization of service based on your service connected injury.  Unfortunately, the Board disagreed with your rationale for relief. First, the Board determined that your serious misconduct that led to your court-martial conviction qualified as a significant negative aspect of your conduct that outweighed positive aspects of your military record.  In reaching this determination, the Board noted you served on active duty approximately 15 months of which you were in an unauthorized absence status for approximately two months.  The misconduct was serious enough to result in a conviction by court-martial.  Based on the seriousness of your misconduct and the relatively brief period of active duty, the Board concluded significant negative aspects of your conduct outweighed any positive aspects of your record and merited the assignment of a General characterization of service. Second, the Board noted that your enlistment trait average was 2.0 and did not meet the requirements for assignment of an Honorable characterization of service. The Board considered whether your disability related discharge created an injustice sufficient to change your characterization of service and concluded it did not.  In the Board’s opinion, the circumstances of your misconduct outweighed any mitigation created by your disability discharge.  Accordingly, the Board determined that insufficient evidence of error or injustice exists to warrant a change to your record. 

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,

 
10/8/2019