Docket No: 9455-19 
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 13 November 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 Naval Reserve on 18 April 1964 and began a period of active duty on 24 March 1966.  On 13 September 1966, you received nonjudicial punishment (NJP) for disorderly conduct.  On 14 June 1967, you received a second NJP for a one-day unauthorized absence (UA).  On 21 September 1967, you received a third NJP for a two-day UA.  On 30 October 1967, you received a fourth NJP for a three-day UA.  On 16 November 1967, you received a fifth NJP for sleeping on watch.  On 14 December 1967, you were convicted by summary court-martial for a single-day UA and sentenced to confinement and forfeiture of pay.  On 15 March 1968, you acknowledged an administrative remarks entry which stated you were not recommended for reenlistment because you had been a “continuous disciplinary problem” and your final trait average for military behavior was below 3.0.  Your record is incomplete in that it does not contain the documents pertaining to your administrative discharge but, based on your Certificate of Release or Discharge from Active Duty (DD Form 214), it appears that after being afforded all of your procedural rights, the separation authority directed discharge with a general, under honorable conditions, character of service by reason of convenience of the government.  You were discharged on 15 March 1968. 
 
The Board carefully reviewed your application, weighed all potentially mitigating factors, and considered your contention that your general discharge should have been automatically upgraded to an honorable character of service after six months.  The Board, applying liberal consideration and noting you did not submit any documentation or advocacy letters to be considered for clemency, did not find evidence of an 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 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,