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 20370-5100
ELP
Docket No. 1398-99
9 July 1999
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 7 July 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 5 May
1943 at age 20 for two years, or for the duration of the war plus
six months. The record reflects that you were advanced to seaman
second class and served without incident until 10 September 1943
when you were convicted by summary court-martial of absence over
leave from 10-24 August 1943. You were sentenced to confinement
for two months and forfeitures of $27 per month for six months.
The convening authority remitted the confinement and reduced the
forfeitures to four months.
On 4 May 1944 you were convicted by general court-martial of a
196 day period of absence without leave (AWOL) from 27 September
1943 to 10 April 1944. You were sentenced to confinement at hard
labor for 11 months, reduction in rate to apprentice seaman, and
a bad conduct discharge. On 10 May 1944 the convening authority
remitted the bad conduct discharge during the period of
confinement and for 11 months thereafter provided you maintained
satisfactory conduct and performance during this period. On
20 December 1944 you were again advanced to seaman second class
and restored to duty.
On 26 December 1944, you received nonjudicial punishment (NJP)
for being AWOL from 23-26 December 1944. Punishment imposed was
reduction in rate to apprentice seaman. The probationary period
was terminated and the bad conduct discharge was ordered
executed. You received the bad conduct discharge on 5 January
1945.
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your limited education,
low test scores, good post-service conduct, and the fact that it
has been more than 54 years since you were discharged. The Board
noted your contentions that you were scared of the service and
fought against its discipline. 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. The Board noted the aggravating factor that you were
given an opportunity to earn a discharge under honorable
conditions when the bad conduct discharge was suspended for a
probationary period, but you went AWOL again almost immediately
upon release from confinement. Your conviction and discharge
were effected in accordance with applicable law and regulations,
and the discharge appropriately characterizes your service. The
Board concluded that the discharge was proper and no clemency 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
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