Search Decisions

Decision Text

NAVY | BCNR | CY1998 | 00999-98
Original file (00999-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAW ANNEX 

WASHINGTON DC  20370-51 00 

TRG 
Docket No:  999-98 
23 June 1999 

Dear 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of title 10 of the 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 22 June 1999.  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 that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

The Board found that you enlisted in the Naval Reserve on 24 
March 1943.  At that time, you had completed six years of 
education and attained a GCT score of 37, which placed you in 
Mental Group V.  The record shows that your mother certified that 
you were born on 11 July 1925 and were 17 years old. 

Sometime in May or June 1943 you submitted a birth certificate 
showing that you were born 11 July 1926.  Since you were only 16 
years old, you requested discharge from the Naval Reserve.  About 
the time you submitted the birth certificate, on 13 June 1943 you 
began a period of unauthorized absence which lasted until 6 July 
1943.  Apparently, no action was taken on your request for 
discharge because of the unauthorized absence and because even 
with the new date of birth, you would have been  17 years old on 
11 July 1943. 

The record shows that prior to the offenses for which you 
received the bad conduct discharge you received nonjudicial 
punishment on one occasion and were convicted by two deck courts 
and two summary courts-martial.  Your offenses were three periods 
of unauttiorired absence  totaling about 52  days,  including  the 
absence from 13 July to 6 July 1943; possession of another 

sailor's  liberty card; and improperly refusing to answer 
questions. 

A general court-martial convened on 21 July 1944 and convicted 
you of an unauthorized absence of about 12 days and missing 
ship's  movement.  The court sentenced you, as mitigated, to 
reduction to apprentice seaman, forfeiture of all pay and 
allowances, confinement at hard labor and a bad conduct 
discharge.  The discharge was suspended for a probationary period 
of six months and you were restored to duty on 1 April  1945. 
Subsequently, you were an unauthorized absentee on two occasions 
totaling about 10 days and the suspended discharge was ordered 
executed.  The bad conduct discharge was issued on 18 May 1945. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth, limited 
education, low score on the aptitude test and your contention 
that you could not adjust after your brother was killed in 
action.  The Board found that these factors and contentions were 
not sufficient to warrant recharacterization of your discharge 
given your repeated misconduct, general court-martial conviction 
for serious wartime offenses, and especially your violation of 
probation.  There is nothing in your record, and you have 
submitted nothing, to show that you had a brother who was killed 
in action.  However, even if you did, the Board believed that 
this factor did not excuse your misconduct.  The Board concluded 
that your 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  PFE I F F E R  
Executive Director 



Similar Decisions

  • NAVY | BCNR | CY1998 | NC9800999

    Original file (NC9800999.rtf) Auto-classification: Denied

    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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Since you were only 16 years old, you requested discharge from the Naval Reserve.

  • NAVY | BCNR | CY1998 | NC9805509

    Original file (NC9805509.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 1999. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late brother's naval record and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...

  • NAVY | BCNR | CY2003 | 02299-03

    Original file (02299-03.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 July 2003. 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. On 11 January and 8 July 1944 you were convicted by a deck court and received nonjudicial punishment for two periods of unauthorized absence totaling...

  • NAVY | BCNR | CY1999 | 01398-99

    Original file (01398-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 1999. The Board concluded that the foregoing factors and contentions were insufficient to warrant recharacterization of your discharge given your record of an NJP, conviction by a summary court-martial and the conviction by general court-martial of an AWOL of more than six months during wartime. Consequently, when applying for a correction of an official...

  • NAVY | BCNR | CY1999 | 01501-99

    Original file (01501-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 1999. The Board noted that despite the fraudulent entry during your first period of service, you were honorably discharged and recommended for reenlistment. 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.

  • NAVY | BCNR | CY1999 | 06500-99

    Original file (06500-99.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 July 1999. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2002 | 04749-02

    Original file (04749-02.pdf) Auto-classification: Denied

    The punishment imposed was confinement for five days with You were sentenced to confinement for The On 4 February 1943, you received NJP for manufacturing and selling liberty passes and disrespect to a commissioned officer. The punishment imposed was confinement for five days with bread and water. On 15 March 1943 you were convicted by a SCM of a 22 day period of unauthorized absence, You were sentenced to a bad conduct discharge (BCD).

  • NAVY | BCNR | CY2008 | 08861-08

    Original file (08861-08.pdf) Auto-classification: Denied

    2 three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 2009. 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. In October 1945, you were processed for an administrative discharge by reason of convenience of the government.

  • NAVY | BCNR | CY2002 | 04291-02

    Original file (04291-02.pdf) Auto-classification: Denied

    record reflects that you served without incident until 22 November 1943, when you were convicted by a summary martial of a 12 day period of unauthorized absence, November 1943. month for ten months and a bad conduct discharge. these factors were insufficient to warrant recharacterization of your discharge given your record of two convictions by summary court-martial and your failure to achieve the required average Accordingly, your application has been denied. Consequently, when applying...

  • NAVY | BCNR | CY1998 | NC9808682

    Original file (NC9808682.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 1999. 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. On 25 October 1945, you were convicted by a general court-martial of an eight day period of absence without leave and were sentenced to confinement for...