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
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