Docket No: 7130-19 
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  
26 October 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 and applicable statutes, regulations and policies. 
  
You enlisted in the Navy and began a period of active duty on 21 October 1960.  During the period from 25 September 1962 to 7 February 1964, you received nonjudicial punishments (NJP) seven times.  The offenses included, disrespect towards a petty officer, possession of another Sailor’s liberty card, drinking as a minor, two instances of dereliction of duty, three period of unauthorized absence (UA), and disobeying a lawful order.  On 11 February 1964, you were notified of administrative discharge action by reason of unfitness.  After being afforded your procedural rights, you elected to waive your right to have your case heard before an administrative discharge board.  On 20 February 1964, your case was forwarded to the separation authority with the recommendation that you receive an undesirable discharge due to unfitness.  On 18 March 1964, the separation authority directed that you receive an undesirable discharge.  On 24 July 1964, you received NJP for UA.  On 31 July 1964, you were discharged from the Navy with an undesirable characterization of service. 
 
The Board carefully weighed all potentially mitigating factors, such as your record of service, a letter from your wife, the unfortunate loss of your son, your wish to be buried in a Veterans cemetery, and your desire to upgrade your discharge.  However, the Board ultimately concluded that these factors were not sufficient to warrant a change to your characterization of service given your misconduct which resulted in eight NJPs, one of which occurred after you were notified of administrative discharge action.    
 
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,