DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

SMW
Docket No: 1492-05
24 August 2005

This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552.

A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 August 2005. 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, your naval record, and applicable statutes, regulations, and policies.

After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice.

You enlisted in the Naval Reserve on 2 December 1942 at age 17 with parental consent. The record shows that a period of illness from 22 to 30 September 1943 was considered time lost due to your own misconduct. During the period from 16 February 1944 to 2 February 1946 you received two captain’s masts and were convicted by two summary courts-martial (SCM) . Your offenses included creating a disturbance in the chow line; refusing to obey an order; assault; interfering with a military policeman in the execution of his duties; assault with intent to do bodily harm; assault with a dangerous weapon; use of abusive, obscene, and threatening language toward a superior officer in the execution of his duties; forcibly resisting arrest; refusing to obey an order from security police; use of obscene and profane language; attempting to strike a security police; and resisting arrest. On 19 March 1946 you were discharged under honorable conditions due to expiration of enlistment. Regulations in effect at the time of your discharge prohibited the issuance of an honorable discharge to individuals who had been convicted by more than one SCM. Therefore the two convictions by SCM precluded the issuance of an honorable discharge.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, your service on Guadalcanal during World War II, and your desire f or an honorable discharge. However, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your two SCM convictions and other misconduct. Therefore, the Board concluded that the discharge was proper as issued and no change is warranted.

Accordingly, your application has been denied. The names and votes of the members of the panel will be furnished upon request.

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 and material evidence or other matter not previously 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,

W. DEAN PFEIFFER
Executive Director