DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
TJR
Docket No: 2786-02
28 August 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 27 August 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 3 January 1945 at the age of 17. At
the time of enlistment you had completed eight years of formal
education and had a general classification test (GCT) score of
38, which placed you in Mental Group IV.
You served for a year without disciplinary incident until 4
January 1946 when you were convicted by deck court (DC) of a one
day period of unauthorized absence (UA), two periods of absence
and breaking restriction.
from your appointed place of duty,
Shortly thereafter, on 13 January 1946, you were convicted by
summary court-martial (SCM) of breaking restriction, absence from
your appointed place of duty, and disrespect.
to confinement for two months.
captain's mast (CM) for absence from your appointed place of duty
and were awarded confinement for seven days.
On 23 July 1946 you received
You were sentenced
On 6 January 1947
government property, specifically, a
$26.97 and wrongful disposal of government property. You were
sentenced to extra duty for three months and a bad conduct
you were convicted by SCM of theft of
.45 caliber pistol valued at
The BCD was suspended for 12 months.
discharge (BCD).
on 24 January 1947, you received CM for breaking restriction and
absence from your appointed place of duty.
imposed was termination of the suspended BCD.
the convening authority set aside the
the 6 January 1947 SCM,
charge of wrongful disposal of government property stating, in
part, that this charge was included in the theft charge.
However, the convening authority approved the finding of guilty
On 20 March
on the latter charge,
1947 you were so discharged.
and the sentence to a BCD.
After review of
However,
The punishment
and post service conduct.
The Board, in its review of your entire record and application,.
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, limited education, low test scores,
the period of good service,
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of your repetitive misconduct, which resulted in three
convictions and two captain's masts.
that the BCD was suspended,
earn a better characterization of service.
to take advantage of this opportunity and committed offenses
which resulted in termination of the probation periods and
execution of the BCD.
denied.
Further, the Board noted
thus giving you the opportunity to
Accordingly, your application has been
However, you failed
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
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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