DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CR5
Docket No:
7203-00
15 May 2001
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 9 May 2001. 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.
You reenlisted in the Navy on 25 October 1945 after more than two
years of prior active service. Prior to the offense for which you
received a bad conduct discharge, you were awarded nonjudiciäl
punishment for an unauthorized absence of six days.
A general court—martial convened on 19 February 1947 and found
you guilty of desertion from 16 September to 19 November 1946.
The court sentenced you to confinement for 18 months, reduction
in pay grade, and a dishonorable discharge. Upon review, the
dishonorable discharge was mitigated to a bad conduct discharge.
You received the bad conduct discharge on 15 September 1947.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and immaturity
and the contention that your discharge was too harsh. However,
the Board concluded that these factors were not sufficient to
warrant recharacterization of your discharge due to the fact that
you were convicted of desertion, an offense far more serious than
unauthorized absence. 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
2
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