DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3742-02
20 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 19 November 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.
You enlisted in the Navy on 12 November 1942 at the age of 17. At
the time of enlistment you had completed 10 years of formal
education.
On 24 November 1943 you were convicted by general court-martial
(GCM) of a 62 day period of unauthorized absence (UA).
sentenced to confinement for three months, and a bad conduct
(BCD).
discharge
However, you were placed on probation and
restored to duty.
On 24 April 1944 you were convicted by GCM of
a 20 day period of UA and sentenced to confinement for 15 months
and a BCD.
duty.
Again you were placed on probation and restored to
You were
On 21 March 1944 you were convicted by GCM of a 117 day period of
UA.
in rate, and a BCD.
The BCD was subsequently approved at all
levels of review, and on 1 March 1946 you were so discharged.
You were sentenced to confinement for 24 months, reduction
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that your discharge
should be upgraded because you completed your enlistment and
fought in World War II.
factors and contentions were not sufficient to warrant
recharacterization of your discharge because of your repetitive
and lengthy periods of UA during wartime.
Further, the Board
courts-
noted that you were sentenced to a BCD at two earlier
martial but were restored to duty, thus giving you the
opportunity to earn a better characterization of service.
However, you failed to do so and committed further offenses.
Accordingly, your application has been denied.
Nevertheless, the Board concluded these
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
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.
regularity.attaches to all official records.
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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