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NAVY | BCNR | CY2001 | 04953-01
Original file (04953-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TJR
Docket No: 4953-01
7 January 2002

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 3 January 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
your application, together with all material submitted in support
and applicable statutes, regulations,
thereof, your naval record,
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.

The Board found you reenlisted in the Navy on 4 December 1943
after three years of prior honorable service.
reflects that on 20 December 1943 you received captain's mast
(CM) for absence from your appointed place of duty.

Your record

Shortly thereafter, on 23 June 1944, you were

Your record further reflects that on 5 May 1944 you were
convicted by summary court-martial (SCM) of a 27 day period of
unauthorized absence (UA) and failure to obey a lawful order.
You were sentenced to a bad conduct discharge which was suspended
for six months.
convicted by general court-martial (GCM) of a 14 day period of UA
and missing your overseas draft.
reduction in rate, confinement for eight months, and a BCD.
On 27 November
However, the BCD was suspended for four months.
1944 you received CM for a 23 day period of UA and the punishment
At this time the suspended
imposed was confinement for a month.
BCD from the GCM was also vacated.
1945, you received the BCD.

You were sentenced to a

Subsequently, on 6 January

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and the character reference letter
provided in support of your case.
these factors were not sufficient to warrant recharacterization
of your discharge because of the seriousness of your repetitive
periods of UA during wartime,
court-martial convictions.
suspended on two occasions,
earn a better characterization of service.
misconduct continued.
Given the circumstances of your case, the
Board concluded your discharge was proper as issued and no change
is warranted.

The Board noted that the BCD was
thus giving you an opportunity to

Accordingly, your application has been denied.

However, your

However, the Board concluded

which resulted in two  

CMs and two

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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