DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 6289-00
16 March 2001
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 March 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
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 10 April 1951 after
three years of prior honorable service.
Your record reflects that on 11 May 1951 you began a 155 day
period of unauthorized absence (UA) that was not terminated until
you were apprehended on 13 October 1951.
During this period of
UA you were also declared a deserter.
were convicted by general court-martial (GCM) of desertion.
were sentenced to
confinement at hard labor for 16 months,
forfeiture of all pay and allowances,
(BCD).
written requests for immediate execution of the BCD.
BCD was approved at all levels of review, on 7 January 1953 you
were so discharged.
On 12 May and again on 8 September 1952 you submitted
and a bad conduct discharge
On 14 December 1951 you
You
After the
Your record contains a letter from the Bureau of Naval Personnel
(BUPERS) dated 19 April 1960 which indicates that you are not
entitled to a Good Conduct Medal.
This letter further indicates
that you are only entitled to the National Defense Service Medal,
Korean Service Medal, United Nations Service Medal, and the
Korean Presidential Unit Citation Badge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your prior honorable service and your contention that you were
recommended for a Good Conduct Medal.
concluded these factors and contention were not sufficient to
warrant recharacterization of your discharge because of the
serious nature of your misconduct and your requests for immediate
execution of the discharge instead of a request for rest-ration
to duty.
concluded your discharge was proper as issued and no change is
warranted.
BUPERS which indicates that you are not entitled to a Good
Conduct Medal, a copy of which is enclosed for your information.
As a result of
Accordingly, your contention is without merit.
the foregoing, your application has been denied.
Further, the Board noted the letter to you from
However, the Board
Given the circumstances of your case, the Board
Finally, the Board did note that as a result of your prior
honorable service you may be eligible for veteran's benefits.
You should contact the nearest office of Department of Veterans
Affairs if you desire clarification about your eligibility for
those benefits.
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
Executive Director
PFEIFFER
2
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