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

Docket No: 7852-19 
Ref: Signature date 

Dear

This letter 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 that 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 3 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 1 July 1959.  On 16 December 1959, you received nonjudicial punishment (NJP) for unauthorized absence (UA) and were awarded restriction.  On 8 September 1960, you were convicted by summary court-martial (SUM) for violating Article 134 (possessing with intent to deceive, a certain instrument purporting to be an Armed Forces Liberty Pass) of the Uniform Code of Military Justice (UCMJ).  You were sentenced to restriction for one month.  On 8 November 1962, you received a second NJP for failure to obey a lawful order and awarded reduction in rank.  On 16 May 1963, you were counseled regarding deficiencies including inadequate performance, needing constant supervision, lack of initiative, failing to accept commands from enlisted seniors, constantly complaining to junior Sailors about the Navy, and lack of leadership potential.  You were advised that failure to take corrective action could result in administrative separation and judicial proceedings.  On 27 June 1962, you received a third NJP for willfully disobeying a lawful order from superior petty officer and awarded forfeiture of pay.  On 28 June 1963, you were discharged with a general (under honorable conditions) characterization of service. 

You request the Board upgrade your characterization of service to honorable.  You assert:  “I was singled out and my command wanted to get back at me for getting out of the Navy.  They gave me unfair and unjust Overall Trait Average and also Overall Military Behavior so it would hurt my discharge.” You state that you feel you did nothing wrong to deserve the discharge you received, and after all these years it is time that you get the honorable discharge you deserve.
 
The Board carefully weighed all potentially mitigating factors, such as your record of service and contentions, and concluded that these factors were insufficient to warrant a change to your discharge, given your misconduct that resulted in three NJPs and a SCM conviction.  With respect to your claim that you were singled out and treated unfairly because you opted not to remain in the Navy, the Board noted that you provided no evidence to support your contentions.  Absent of such evidence, the Board relied upon the presumption of regularity and presumed that the officials acted in accordance with governing law/policy and in good faith.  Further, there is no provision of law or in Navy regulations that allows for recharacterization 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,