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NAVY | BCNR | CY2002 | 04291-02
Original file (04291-02.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

WMP
Docket No:
19 December 2002

4921-02

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.

sSitting in executive session, considered your

A three-member panel of the Board for Correction of Naval
Records,
application on 17 December 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 were inducted in the Navy on 8
September 1943 at age 18 for the duration of World War II.
record reflects that you served without incident until 22
November 1943, when you were convicted by a summary 
martial of a 12 day period of unauthorized absence,
November 1943.
month for ten months and a bad conduct discharge.
November 1943, the convening authority approved the adjudged
sentence except for forfeitures in excess of six months and the
bad conduct discharge,

You were sentenced to forfeitures of $15 per

which was suspended for six months.

On 23

court-
from 8 to 19

The

On 11 July 1945, you were convicted by a summary court-martial
of failure to go to your appointed place of duty.
You were
sentenced to confinement at hard labor for one month and extra
police duties for one month.
On 12 July 1945, the convening

authority approved the adjudged sentence and ordered its
execution.

The record further reflects that you were discharged for the
convenience of the government under honorable conditions on 7
February 1946.

Characterization of service is based, in part, on conduct and
proficiency averages, which are computed from marks assigned 
Your conduct and proficiency averages were
a periodic basis.
At the time of your service, an
3.40 and 2.42, respectively.
individual was required to attain averages of 3.25 in conduct
and 2.75 in proficiency in order to receive a fully honorable
Additionally, conviction by more
characterization of service.
than one summary court-martial precludes the issuance of an
honorable discharge.

OI

In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, limited education and the fact that it has been over
58 years since you were discharged.
these factors were insufficient to warrant recharacterization of
your discharge given your record of two convictions by summary
court-martial and your failure to achieve the required average
Accordingly, your application has been denied.
in proficiency.
The names and votes of the members of the panel will be
furnished upon request.

The Board concluded that

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
it is important to keep in mind that
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.

You are entitled to have

In this regard,

Sincerely,

W. DEAN PFEIFFER
Executive Director



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