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

Docket No: 5188-19
Ref: Signature Date 

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, available portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy on 15 January 1968. On 29 August 1969, you received nonjudicial punishment (NJP) for an unauthorized absence.  On 1 September 1970, you received NJP for 
wrongfully operating the command’s motor boat even though you were not qualified to operate 
the boat.  On 18 January 1971, you received a third NJP for willful disobedience of a lawful order and disrespectful language toward a superior petty officer.  On 5 November 1971, you were 
released from active duty and transferred to theNaval Reserve with an “under honorable conditions” characterization of service.  Your Certificate of Release or Discharge from Active Duty (DD Form 214) reflects your entitlement to the National Defense Service Medal.  On 28 December 2015, you were issued a Correction to DD Form 214 (DD Form 215) which added the following awards:  “Vietnam Service Medal w/4 Bronze Stars, Vietnam Campaign Medal w/1960 Device, Republic of Vietnam Meritorious Unit Citation (Gallantry Cross w/Palm and Frame) Ribbon Bar, Meritorious Unit Commendation Ribbon.” 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were “harassed and suffered a beating by civilians who were against the war” which led to your “difficulties with authority.” Further, you contend you were “shamed by a group of people calling me baby killer” and beaten for wearing your uniform.  You contend that the treatment you received, the failure to provide counseling, and your feelings of 
anger and confusion led you to say “nothing being discharged” and to say “little of my service” 
when being discharged.  The Board noted your overall trait average of 2.78 at the end of your service and your 2.97 final trait average in military behavior.  During your service, a 3.0 in military behavior was required for an honorable characterization of service.  The Board, noting your repeated misconduct and your final trait average in military behavior, determined there was insufficient evidence to establish an error or injustice that warrants an upgrade to your characterization of service. 

With respect to your request to update your DD Form 214 to reflect all awards earned, the Board noted your request has been previously fulfilled by the issuance of the DD Form 215 on 28 December 2015.  You also requested an update to box 25 of your DD Form 214 to include “damage control school” but the Board noted your record does not indicate the completion of the school. 

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,