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NAVY | BCNR | CY1999 | 02498-99
Original file (02498-99.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  20370-5100 

T JR 
Docket No:  2498-99 
24 August  1999 

This is in reference to your application for correction of your 
late husband's  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 10 August  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 late husband's  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. 

The Board found your late husband enlisted in the Navy on 30 
December 1941 at the age of 17.  His record reflects that on 13 
May  1942 he was convicted by summary court-martial  (SCM) of 
unauthorized possession of another person's  property and was 
sentenced to 30 days confinement and forfeitures totalling 
$28.80.  Approximately  three months later, on 22 August 1942, he 
received captain's mast  (CM) for gambling and was awarded 
restriction for 30 days.  On 23 June and again on 27 July 1944 he 
received CM for conduct prejudicial to good order, incompetency 
in his rating, and disrespect. 

His record also reflects that on 14 May 1945 he was convicted by 
SCM of the attempted theft of gasoline, trespassing, possession 
of two each liberty and two identification cards, and being out 
of uniform.  He was sentenced to forfeitures totalling $234 and a 
bad conduct discharge  (BCD). However, the BCD was suspended for 
six months.  About a month later, on 25 June 1945, he received CM 
for illegal possession of another person's  clothing.  At this 
time the BCD was ordered executed.  On 23 October 1945 he 
received the BCD. 

The Board, in its review of your late husband's  entire record and 
your application, carefully considered all mitigating factors, 
such as his youth and immaturity.  The Board also considered your 
contention that you would like your late husband's  discharge 
upgraded.  However,  the Board found the evidence and materials 
submitted were not sufficient to warrant  recharacterization of 
his discharge given the serious nature of his frequent wartime 
misconduct.  The Board also noted that the BCD was suspended, 
this giving him an opportunity  to earn a better discharge. 
However, he continued to commit offenses, and the discharge was 
ordered executed.  Given all the circumstances of his case the 
Board concluded his 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 



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