DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 2770-02
6 November 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 5 November 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
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.
You enlisted in the Navy on 8 August 1942 at the age of 18.
May 1943 you were convicted by summary court-martial (SCM) of a
six day period of unauthorized absence (UA).
you received captain's mast (CM) for disobedience and destroying
property.
On 14 October 1943
On 3
During the period from 5 April to 29 September 1944 you were
convicted by SCM on three occasions for three periods of UA
On 13 November 1944, you were convicted by
totalling 25 days.
civil authorities of driving an automobile without the owner's
consent and sentenced to confinement for 30 days.
On 31 January 1945 you were convicted by general court-martial
(GCM) of a 36 day period of UA.
reduction in rate, confinement for three years, and a
dishonorable discharge (DD).
was mitigated, and you were placed on probation and restored to
duty.
However, on 4
discharge (BCD) and suspended for eight months.
April 1945 you received CM on two occasions for missing muster,
On 22 March 1945 the DD was mitigated to a bad conduct
On 3 February 1945 the confinement
You were sentenced to a
and absence from your appointed
Subsequently, your probation was terminated and
On 2 May 1946, after the BCD was
attempting to escape custody,
place of duty.
the BCD was ordered executed.
approved at all levels of review,
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your serious and repetitive wartime misconduct in both
the military and civilian communities.
Further, the Board noted
that the DD was mitigated to a BCD,
thus giving you the opportunity to earn a better discharge.
However, your misconduct continued and the BCD was ordered
executed.
Accordingly, your application has been denied.
and the BCD was suspended,
you were so discharged.
and post service conduct.
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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