DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2472-01
31 January 2002
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 29 January 2002.
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found you were inducted in the Navy on 2 December 1943
at the age of 19.
Your record reflects that on 25 June 1944 you
received captain's mast (CM) for absence from your appointed
place of duty and were awarded extra duty for four hours.
November 1944 you were convicted by general court-martial (GCM)
of a two day period of unauthorized absence (UA) and missing the
movement of your ship.
rate, confinement for six months, and a bad conduct discharge
(BCD).
the unexecuted portion of the sentence was suspended for three
months and on 27 February 1945 you were restored to duty.
However, upon the completion of three months confinement,
You were sentenced to a reduction in
On 24
Your record further reflects that on 19 May 1945 you received CM
for absence from your appointed place of duty and were
recommended for a deck court (DC).
However, the record does not
reflect any further documentation regarding this recommendation.
On 26 December 1945 you were convicted by DC of absence from your
appointed place of duty and were awarded a $20 forfeiture of pay.
On 22 February 1946, you received a general discharge under
honorable conditions by reason of convenience of the government.
At that time, a conviction by GCM precluded the issuance of an
honorable discharge.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and the
character reference letter submitted in support of your case.
The Board also considered your contention that you believe that
you have paid the penalty for your misconduct and therefore your
discharge should be upgraded.
factors and contention were not sufficient to warrant a change in
the characterization of your discharge because of the serious
nature of your repetitive misconduct, most of which occurred
during a period of wartime.
The Board further noted that your
misconduct continued even after your sentence of a BCD had been
Further, no discharge is automatically upgraded due
suspended.
to the passage of time and/or an individual's good behavior after
discharge.
concluded your discharge was proper as issued and no change is
warranted.
Given all the circumstances of your case, the Board
However, the Board concluded these
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
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