DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
3 October
2635-
2002
02
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 2 October 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
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 2
October 1943 at age 17 and on 9 October 1943 you were called to
active duty. At that time, you had completed 11 years of
education and attained test scores which placed you in Mental
Group V.
You served without incident until 24 January 1944, when you
received nonjudicial punishment (NJP) for intoxication ashore
and resisting arrest.
The punishment imposed was 14 days of
restriction and extra duty.
Your record further reflects that on 8 May 1944 you were
convicted by a summary court-martial of consuming alcohol while
a minor, disobeying orders of the shore patrol, resisting
arrest, failure to muster with the prisoners at large and
restricted men, disobeying a lawful order, and an unauthorized
You were sentenced to
absence (UA) from 21 to 27 April 1944.
three months of extra police duties, forfeitures of $25 per
month for three months,
1944 the convening authority approved the adjudged sentence but
remitted the forfeitures and extra police duties.
the bad conduct discharge on 30 May 1944.
and a bad conduct discharge.
You received
On 19 May
and your contentions that you were
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth,
immaturity, low test scores,
not guilty and the sentence was unjust.
concluded that your conviction for numerous instances of wartime
misconduct clearly warranted the punishment which the court-
martial imposed.
In this regard,
the prior nonjudicial punishment.
submitted in support of your application and your statement
detailing the circumstances surrounding your summary court-
martial, but the Board did not find them sufficient to warrant
recharacterization of your service.
application has been denied.
of the panel will be furnished upon request.
the Board also was aware of
The Board noted the documents
The names and votes of the members
However, the Board
Accordingly, your
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.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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