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 N A W ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6500-99
22 July 1999
*
Dear
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 13 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you enlisted in the Marine Corps Reserve on 10
November 1943 at the age of 18. Your record reflects that on 23
May 1944 you were convicted by summary court-martial (SCM) of two
periods of unauthorized absence (UA) totalling 47 days. You were
sentenced to solitary confinement on bread and water for 30 days,
loss of pay totalling $150, and extra police duty for three
months. On 24 May 1944 you received office hours for conduct to
the prejudice of good order and discipline and insolence. The
punishment imposed was solitary confinement on bread and water
for five days. Shortly thereafter, on 10 August 1944, you were
convicted by general court-martial (GCM) of breaking restriction
and a 38 day period of UA. You were sentenced to confinement for
two years and a bad conduct discharge (BCD). After the findings
and sentence of the GCM were reviewed and approved, the BCD was
ordered executed. On 11 December 1945 you received the BCD.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, good post service conduct, character
reference letters, training certificates, resume', and your
contention that you would like your discharge upgraded to fully
honorable. The Board also considered your contention that under
today's standards you would not receive a BCD because of your
behavioral disorder and emotional problems. However, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge given your frequent
misconduct during wartime which resulted in office hours and two
court-martial convictions. Given all the circumstances of your
case, the Board concluded your discharge was proper 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 PE'EIFFER
Executive Director
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