DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S COURTHOUSE ROAD SUITE 1001 
ARLINGTON VA 22204-2490 
              
Docket No: 8234-19 
Ref: Signature date 

 
Dear : 
 
This letter is in reference to your application for correction of your naval record, filed 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 (the Board) found the evidence with respect to your request to upgrade your characterization of service 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 the application on its merits.  A three-member panel of the Board, sitting in executive session, considered the application on 2 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 the application, together with all material submitted in support thereof, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 
 
Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel would not materially add to their understanding of the issues involved.  Therefore, the Board determined that a personal appearance was not necessary and considered the case based on the evidence of record. 
 
You enlisted in the Navy on 3 September 1964.  On 28 June 1965, you received non-judicial punishment for bringing discredit upon the Navy by being apprehended while drunk and a minor.   On 15 November 1965, you were convicted by a summary court-martial for unauthorized absence.  On 11 October 1979, you received non-judicial punishment for another period of unauthorized absence, breaking restriction, and disrespect.  In 1966, you received non-judicial punishment on two occasions for disrespect, dereliction in the performance of your duties, and leaving your post.  On 13 February 1967, you were convicted by a special court-martial for unauthorized absence. You were then issued a notification that you were being administratively separated from the naval service and on 23 May 1967, you were discharged with a general (under honorable conditions) characterization of service. 
 
The Board carefully weighed all of your contentions as well as all potentially mitigating factors.  In your petition, you state that you were suffering from undiagnosed post-traumatic stress disorder.  However, you did not provide any documentary or other evidence to support your contention, nor did you provide materials relevant to a claim for clemency.  In the absence of any supporting evidence, the Board determined that, in light of the misconduct outlined in your service record, it did not find evidence of any error or injustice that warrants upgrading your 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,