DEPARTMENT OF THE NAVY
BOA RD FOR CORRECTION OF NAVAL RECORD
NAVY
ANNEX
2
WASHINGTON DC 20370.510
0
S
TJR
Docket No: 3816-01
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.
Your record reflects that you served without
The Board found you enlisted in the Navy on9 December 1941 at the
age of 17.
disciplinary incident until 9 September 1942 when you received
captain's mast (CM) for absence from your appointed place of duty
and were awarded restriction for two weeks.
Shortly thereafter,
on 3 October 1942 you were convicted by summary court-martial
(SCM) of a three day period of unauthorized absence (UA), absence
from your appointed place of duty,
were sentenced to confinement on bread and water for 15 days and
a $81 forfeiture of pay.
and breaking restriction.
You
During the period from 23 December 1942 to 7 January 1943 you
were in a UA status for 14 days.
convicted by general court-martial (GCM) of the foregoing period
of UA.
for a year, and a bad conduct discharge (BCD), all of which was
suspended for six months.
shirking duty and were awarded confinement for seven days.
You were sentenced to a reduction in rate, confinement
On 10 August 1943 you received CM for
On 5 March 1943 you were
Your record further reflects that on 8 May and again on 25
September 1944 you received CM for unauthorized possession of
another person's clothing and absence from your appointed place
of duty.
attempting to go UA with another person's identification card and
absence from your appointed place of duty.
On 7 April and 9 July 1945 you received CM for
On 4 October 1945, upon completion of your obligated service, you
received a general discharge.
you feel that you served your
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 your
Presidential Unit Citation.
The Board also considered your
contention that, with the exception of the mistakes you made
early in your four year enlistment,
country well, and that your discharge should be upgraded.
However, the Board concluded these factors and contention were
not sufficient to warrant a change in the characterization of
your discharge because of your repetitive misconduct which
resulted in caption's mast on six occasions and two court-martial
convictions, all of which occurred during a period of wartime.
The Board further noted that your misconduct continued even after
your sentence of confinement for a year and a BCD had been
suspended.
at the time, your GCM conviction precluded the issuance of an
Further, no discharge is automatically
honorable discharge.
upgraded due to the passage of time and/or an individual's good
behavior after discharge.
Given all the circumstances of your
case, the Board concluded your discharge was proper as issued and
no change is warranted.
denied.
Additionally, in accordance with standards in effect
Accordingly, your application has been
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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