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

Docket No: 919-19  
Ref: Signature date 

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 25 July 2019.  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, 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 3 October 1952.  On 19 June 1953, you were convicted by summary court-martial for failure to obey a lawful order and possessing another individual’s liberty card.  On 14 September 1953, you were convicted by special court-martial for two periods of unauthorized absence and failure to obey a lawful order.  You were sentenced to confinement, forfeiture, and reduction in rank.  Subsequently, you were notified of pending administrative separation action by reason of unfitness.  After you waived your procedural rights, your commanding officer recommended discharge with an other than honorable (OTH) characterization of service by reason of unfitness.  After completion of your confinement, the discharge authority directed an OTH discharge by reason of unfitness.  On 5 January 1954, you were so discharged. 

The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that you were discharged from the military in order to support your mother and younger sister after the death of your father.  You further contend your discharge should have been considered a hardship discharge.  Additionally, the Board considered your contention that the passage of time and death of your mother and sister has resulted in a lack of documentation of your circumstances at the time of your discharge.  Unfortunately, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service.  Based on your misconduct, the Board determined you were assigned an appropriate 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 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, 


10/24/2019