Docket No: 5820-19 
Ref: Signature date 
 

  
Dear : 
 
This letter is in reference to your application for correction of the naval record of your late husband, Mr. , 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 with respect to your request to upgrade your husband’s characterization of service was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.     
 
Although you did not file the application in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 22 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 the application, together with all material submitted in support thereof, relevant portions of your husband’s naval record, as well as applicable statutes, regulations, and policies. 
 
Your husband reenlisted in the Navy on 7 February 1958, after over three years of satisfactory service.  On 7 February 1961, he was convicted by a special court-martial (SPCM) for two periods of unauthorized absence, which combined totaled over 60 days.  On 19 September 1961, was convicted by a second SPCM for another period of unauthorized absence, totaling over 90 days.  Although your husband’s complete administrative separation documentation is not in his record, on 15 January’1962, the Chief of Naval Personnel directed that he be discharged with an undesirable discharge due to unfitness.  On 24 January 1962, he was discharged and issued an under other than honorable conditions characterization of service. 
 
The Board carefully weighed your desire to upgrade your husband’s discharge and potentially mitigating factors to include your contention that your husband had to leave to take care of his elderly mother.  Your husband’s service record does not contain any information concerning this, and you did not provide any evidence of this in the application that you filed.  After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading his 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 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,