DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2498-99
24 August 1999
Dear~L~~jf
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 executi’ve session, considered your
application on 10 August 1999.
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.
Your allegations of error and
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.
His record reflects that on 13
The Board found your late husband enlisted in the Navy on 30
December 1941 at the age of 17.
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.
received captain’s mast (CM) for gambling and was awarded
restriction for 30 days.
received CM for conduct prejudicial to good order, incompetency
in his rating, and disrespect.
Approximately three months later, on 22 August 1942, he
On 23 June and again on 27 July 1944 he
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.
bad conduct discharge (BCD). However, the BCD was suspended for
six months.
for illegal possession of another person’s clothing.
time the BCD was ordered executed.
received the BCD.
He was sentenced to forfeitures totalling $234 and a
About a month later, on 25 June 1945, he received CM
On 23 October 1945 he
At this
The Board also considered your
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.
contention that you would like your late husband’s discharge
However, the Board found the evidence and materials
upgraded.
submitted were not sufficient to warrant recharacterization of
his discharge given the serious nature of his frequent wartime
misconduct.
this giving him an opportunity to earn a better discharge.
However, he continued to commit offenses, and the discharge was
ordered executed.
Board concluded his discharge was proper as issued and no change
is warranted.
The Board also noted that the BCD was suspended,
Given all the circumstances of his case the
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.
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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