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

Docket No: 6980-19 
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 10 February 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 and began a period of active duty on 15 March 1955. On 7 May 1956, you were convicted by summary court-martial (SCM) for violating Article 86 (Unauthorized Absence (UA)) of the Uniform Code of Military Justice (UCMJ).  You were sentenced to restriction.  On 29 October 1956, you received nonjudicial punishment (NJP) for insubordination and awarded restriction.  On 17 January 1957, you received a second NJP for UA from your appointed place of duty and awarded restriction.  On 2 February 1957, you received a third NJP for two specifications of failure to obey a lawful order and awarded solitary confinement on bread and water.  On 9 April 1957, you received your fourth NJP for being UA and awarded extra duties.  You were UA on 12 November 1957, and again from 23 December 1957 through 30 December 1957.  On 7 January 1958, you were convicted by SCM for violating Article 86 (UA) of the UCMJ and sentenced to forfeiture of pay, restriction, and hard labor.  On 10 January 1958, you began another period of UA that continued until you were apprehended by the FBI on 17 March 1958.  You were UA again from 21March 1958 to 24 March 1958.  On 26 March 1958, you began another period of UA that continued until you were apprehended by civilian authorities on 12 April 1958. On 20 May 1958, you were convicted by special court-martial (SPC) for two specifications of UA, missing movement, and two specifications of breach of arrest; you were sentenced to forfeiture of pay, confinement with hard labor, reduction in rank to E-1, and a bad-conduct discharge (BCD).  On 11 July 1958, you waived your right to request restoration.  On 14 July 1958, the Board of Review affirmed your findings and sentence.  On 29 August 1958, you received a BCD. 

You request the Board upgrade your discharge to general (under honorable conditions).  You assert you were assigned to the  as a cook and the first few years in the Navy were just as you expected.  One day you were unjustly written up for sleeping on duty by an officer that harassed you the rest of the time you were on the ship.  You state:  “I was young and stupid and I took the bait and deserted.”  You wandered around for 30 to 40 days before realizing you made the biggest mistake of your life and went back to face your punishment.  Lastly, you state your biggest regret is that you dishonored your country, but you never believed it would haunt you 63 years later.  Now you understand what it means to be an American, and the importance of commitment, loyalty, and pride.  At 81 years old you can truly say a piece of paper can change your life.  You ask that the Board take your words to heart and erase the error you made at 18 years old and consider that you served honorably for the first two years.  The Board was sympathetic to your desire to upgrade your characterization of service, but the Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of fairness or clemency.  In your case the Board determined no clemency is warranted.  The Board, in its review, discerned no probable material error or injustice in the discharge.  Regarding your contention that you served honorably for the first two years, the Board noted that before you had served two years, you already received three NJPs and were convicted by a SCM.  Lastly, there is no provision of law or in Navy regulations that allows for upgrading the characterization of service due solely to the passage of time.

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,