Docket No: 9990-19 
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 3 February 2021.  The names and votes of the panel members 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 the 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, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 
 
 
You enlisted in the Navy on 10 January 1969.  On 19 May 1969, you received nonjudicial punishment for failing to obey a lawful order and disrespect.  On 29 May 1969, you received nonjudicial punishment again, for failing to obey a lawful order and for communicating a threat.  Next, on 5 August 1969, you received nonjudicial punishment for stealing a shipmate’s trousers as well as failing to obey the order of a petty officer.  Finally, on 14 Aug 1969, you received nonjudicial punishment for being derelict in the performance of your duties in that you fell asleep on the helicopter deck.  On 30 October 1969, you were notified that you were being separated from the Navy with no worse than a general (under honorable conditions) characterization of service.  On 31 October 1969, your commanding officer recommended to the discharge authority that you be discharged with a general (under honorable conditions) characterization of service.  Before your discharge was effected, you received nonjudicial punishment again for being disrespectful to a chief petty officer.  On 19 November 1969, you were discharged with a general (under honorable conditions) characterization of service. 
 
The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case including in accordance with the Wilkie Memo.  These included, but were not limited to, your desire to upgrade your discharge as set forth in your DD Form 149, as well as your contention that your characterization of service is unjust because of physical and psychological issues that you suffered.  You further explained that your various health related issues caused you to act irrationally.  The Board carefully considered your request, which included reviewing your official naval records.  However. based upon its review, the Board concluded that any potentially mitigating factors were insufficient to warrant relief.  The Board noted that your official naval records did not contain support for your contentions and you did not provide any evidence to support your contentions.  Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief.   
 
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,