Docket No: 8133-19
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 for Correction of Naval Records, sitting in executive session, considered your application on 16 September 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. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will not materially add to their understanding of the issue(s) involved.  Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 
 
You enlisted in the Navy on 4 November 1960.  On 6 December 1961, a summary court-martial convicted you of assaulting an Armed Forces Police.  During the period from 6 February to 1 March 1963, you received non-judicial punishments (NJP) twice, for an unauthorized absence (UA) for one day, and for failure to obey ship’s regulations.  On 7 August 1964, you were counseled on not being recommended for reenlistment due to low marks averages in military behavior on your evaluations.  On 19 August 1964, you received a general (under honorable conditions) characterization of service and was transferred to the Navy Reserve.   
   
The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that your misconduct was a result of witnessing an accident on the flight deck.  The Board 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 at the time of your separation.  An average of 3.0 in conduct was required at the time of your separation for an honorable characterization of service.  In regard to your contention that your misconduct was a result of witnessing an accident on the flight deck, the Board further noted that there is no evidence in your record, and you submitted none, to support your contention.  Based on the foregoing, the Board concluded that the factors presented were not sufficient to warrant upgrading your discharge given your misconduct on active duty and the final marks you received at the time 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 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,