DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
20 February 2001
7449-00
_-
Dear-
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 13 February 2001.
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.
Your allegations of error and
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 you enlisted in the Naval Reserve on 9 July
1943 at age 18 and reported to active duty on 16 July 1943.
record shows that you reported to the USS LST 558 on 8 May 1944.
While serving on board that vessel you participated in an
excellent manner in numerous campaigns and engagements throughout
the Pacific Area.
quartermaster third class
October 1945, you received nonjudicial punishment for sleeping on
watch.
bread and water.
The punishment imposed was three days of confinement on
You were honorably discharged on 21 March 1946.
The
On 1 February 1945 you were advanced to
(QM3).
About eight months later, on 31
Documentation in the record shows that you are entitled to wear
the Asiatic Pacific Campaign Medal with 4 stars, the Philippine
Liberation Ribbon with 2 stars, the American Area Medal, the Navy
Occupation Service Medal with Asia Clasp, the Victory Medal, and
the Philippine Republic Presidential Unit Citation.
In your application, you contend, in effect, that you improperly
received nonjudicial punishment for sleeping on watch and this
adverse action caused you to lose your advancement to
(QM2).
There is no documentation in
quartermaster second class
the record giving the circumstances which led to your being
placed on report for sleeping on watch.
in effect at the time required that you be afforded the
opportunity to appear before the commanding officer and explain
In the absence of evidence to the
your side of the story.
contrary, the Board could not conclude that the commanding
officer abused his discretion when he imposed nonjudicial
punishment in your case.
of confinement on bread and water is not very severe since
punishment could have included a reduction in rate.
Further, the punishment of three days
However, the regulations
In this regard, you were advanced to QM3 on 1 February
There is no documentation in the record to show that you were
ever advanced to QM2 or were eligible to be advanced to that
rating.
1945 and would only have had seven months time in rate on VJ day,
2 September 1945, and you may not have been eligible to be
Since the war was over, the Board believed that
advanced.
advancement opportunities after VJ day would have been very rare.
However, given the passage of time, advancement regulations from
and the Board can only speculate
World War II were not available,
on the time in rate requirements and advancement opportunities
available.
not warranted.
The names and votes of the members of the panel will be furnished
upon request.
The Board concluded that a change in your record is
Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
You are entitled to have the
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.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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