DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
WMP
Docket No:
19 December 2002
4698-02
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 17 December 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Navy on 15 September
1947 for three years at age 17. At that time, you had completed
10 years of education and attained test scores which placed you
in Mental Group IV.
You served without incident until 21 July 1949, when you
received nonjudicial punishment
unauthorized absence from 16 to 18 June 1949.
imposed was 12 days of restriction.
(NJP) for a three day period of
The punishment
Your record further reflects that on 18 November 1949, you were
convicted by a general court-martial of 37 days of unauthorized
absence, from 23 August to 28 September 1949.
You were
sentenced to confinement at hard labor for four months, a
reduction in rate, and a bad conduct discharge.
1949 the convening authority approved the adjudged sentence.
On 18 November
On 17 January 1950, the Naval Sentence Review and Clemency Board
(NSR&CB) restored you to duty and suspended the bad conduct
discharge for a period of six months,
effective 8 February 1950.
Your record further shows that you were an unauthorized absentee
from 13 February to 28 March 1950, a period of 45 days.
As a
result of this period of unauthorized absence, on 26 April 1950,
the convening authority vacated the suspended punishment from
the general court-martial of 18 November 1949, and ordered the
bad conduct discharge executed.
On 4 August 1950, upon approval
of the Secretary of the Navy, you were so discharged.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, limited education and low test scores.
Board concluded that your conviction by court-martial for a 37
day period of unauthorized clearly warranted severe punishment,
which the court-martial correctly imposed.
Upon review and as a
matter of clemency, your bad conduct discharge was suspended and
you were restored to duty,
earn a better characterization of service.
departed on another period of unauthorized absence.
As a result
of this misconduct, the suspension was appropriately vacated and
you were issued the bad conduct discharge.
application has been denied.
of the panel will be furnished upon request.
thus giving you the opportunity to
However, you then
The names and votes of the members
However, the
Accordingly, your
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
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.
In this regard, it is important to keep in mind that
You are entitled to have
Sincerely,
W. DEAN PFEIFFER
Executive Director
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