Docket No: 5592-19 
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 15 July 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, as well as applicable statutes, regulations, and policies. 
 
You enlisted in the Navy on 27 October 1960.  On 8 May 1962, a special court-martial convicted you of unauthorized absence (UA) totaling 58 days.  On 1 August 1962, you received a psychiatric evaluation, which diagnosed you with emotional insatiability reaction, moderate.  The evaluation stated in part that your ability to accept responsibility and respond in a mature and reliable manner were greatly impaired.  As a result, you were notified of pending administrative separation action by reason of unsuitability.  After you waived your rights, your commanding officer (CO) recommended a general under honorable conditions discharge by reason of unsuitability.  The discharge authority approved this recommendation and directed a general under honorable conditions characterization of service by reason of unsuitability.  On 25 October 1962, you were discharged. 
 
The Board also noted that character 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 2.6. An average of 3.0 in conduct was required at the time of your separation for an honorable characterization of service. 
 
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you served two years honorably.  However, the Board concluded that these factors were not sufficient to warrant upgrading your discharge given your final marks in conduct and your CO’s recommendation. 
 
Regarding your contention that you served two years honorably, the Board noted that a Sailor’s service is characterized at the time of discharge based on performance during the current enlistment.  After reviewing your entire record, the Board concluded that there was no error or injustice in your record that warrants an upgrade in the characterization of your discharge.  
 
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, 

9/8/2020                                                                   


Executive Director