DEPARTMENT
OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 4450-01
14 December 2001
This is in reference to your application for correction of your
late father's naval record pursuant to the provisions of Title
10, United States Code, Section 1552.
Your allegations of error and injustice were
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
12 December 2001.
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 father's naval record and applicable statutes,
regulations and policies.
considered your application on
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 your father was inducted in the Navy on
4 November 1943 for two years at age 19.
that he was advanced to seaman first class and served without
incident until 4 September 1944,
punishment (NJP) for breaking into another man's locker and
taking approximately $1.00.
The record reflects
when he received nonjudicial
Your father received a warning at a second NJP on 26 October 1944
for loss of government property.
incident until 5 March 1945 when he was convicted by a summary
court-martial of theft and sentenced to a bad conduct discharge.
The facts and circumstances surrounding the theft are not on file
in the record.
Your father received the bad conduct discharge on
26 March 1945.
He served without further
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your father's youth and
and your desire to have
You claim that your father's
the fact that it has been more
immaturity, limited education,
than 56 years since he was discharged,
service plague for his grave.
discharge was the result of him striking a chief petty officer
not supported by the evidence of record.
The Board concluded
that the foregoing factors were insufficient to warrant
terization of your father's discharge given his record of two
NJPs and a summary court-martial conviction in only 16 months of
The Board noted that two of the disciplinary actions
service.
were for theft, apparently from fellow Sailors, a very serious
offense.
The fact that you desire to get a service plague for
his grave does not provide a valid basis for recharacterizing his
service.
His conviction and discharge were effected in accord-
ance with applicable law and regulations then in effect, and the
discharge appropriately characterizes his service.
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
Accordingly,
a
is
recharac-
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
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