DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No:
23 December 2002
4749-(
32
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.
executPve session, considered your
A three-member panel of the Board for Correction of Naval
Records, sitting in
application on 17 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted
Board.
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 19 August 1940
at age 17. At that time, you had completed 11 years of education
and attained test scores which placed you in Mental Group IV.
You served without incident until 10 March 1941, when you were
convicted by a deck court (DC) of disrespect to a senior petty
officer.
The punishment imposed was a forfeiture of $20.
Your record further reflects that on 6 October 1941 you were
convicted by a summary court-martial (SCM) of disobeying a
lawful order.
November 1941 you received nonjudicial punishment (NJP) for
failure to go to your appointed place of duty, losing your
liberty card,
was confinement for three days with bread and water.
You were sentenced to a reduction in rate.
and being out of uniform.
The punishment imposed
On 24
On 4 May 1942, you were convicted by a SCM of creating a
disturbance, and being in possession of and damaging another
individual's automobile.
15 days with bread and water and a forfeiture of $162.
convening authority reduced the adjudged punishment to
confinement for 15 days with bread and water.
On 9 July 1942
you received NJP for failure to go to your appointed place of
duty.
bread and water.
The punishment imposed was confinement for five days with
You were sentenced to confinement for
The
On 4 February 1943, you received NJP for manufacturing and
selling liberty passes and disrespect to a commissioned officer.
The punishment imposed was confinement for five days with bread
and water.
from 21 February to 15 March 1943.
On 15 March 1943 you were convicted by a SCM of a 22 day period
of unauthorized absence,
You
were sentenced to a bad conduct discharge (BCD).
1943, you again received NJP for disobeying a lawful order and
disrespect to a chief petty officer.
confinement for five days with bread and water.
1943, after the findings and sentence were approved by the Board
of Review, you received the BCD.
The punishment imposed was
On 5 April
On 24 April
Your record further shows that you were inducted into the Navy
on 4 April 1944 and served without incident until your were
honorably discharged by reason of convenience of the government
on 2 September 1945.
On 16 May 1947, the Naval Discharge Review Board (NDRB)
considered your case and concluded that your BCD was entirely
appropriate in view of the conviction for 22 days of
unauthorized absence and your overall record of service which
includes prior convictions by a DC, and two SCM's, and four
NJP's.
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth,
immaturity, limited education, low test scores, and your
honorable period of service after the bad conduct discharge.
However, the Board concluded that your conviction for numerous
instances of wartime misconduct clearly warranted the BCD
imposed by the court-martial.
was aware of the prior misconduct including convictions by a DC,
and two SCM's and four NJP convictions.
honorable service after your bad conduct discharge, but did not
In this regard, the Board also
The Board noted your
find that service sufficient to warrant recharacterization
your earlier enlistment.
denied.
furnished upon request.
Accordingly, your application has been
The names and votes of the members of the panel will be
o f
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
In this regard, 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
Sincerely,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2005 | 03845-05
h. On 9 November 1943 the DC’s punishment of 5 November 1943 was published and Petitioner was charged and convicted by summary court-martial (SCM) on that same day of breaking arrest and falsehood. The offense of breaking arrest would not appear to warrant a bad conduct discharge, and there is no evidence in the record to support the offense of falsehood. c. That, upon request, the Veteran’s Administration be informed that Petitioner’s application was received by the Board on 18 May 2005.4.
NAVY | BCNR | CY2002 | 03816-01
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. 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...
NAVY | BCNR | CY2002 | 07803-01
10, United A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 May 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. August and again on 15 December 1978 you received NJP for nine periods of absence from your appointed place of duty. convicted by summary court-martial...
NAVY | BCNR | CY1999 | 06500-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 July 1999. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 07496-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 September 2003. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. concluded that appropriate action was taken to remove the mark of desertion from your record. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2002 | 10329-02
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. On 11 May and again on 16 July 1959 you were convicted by summary court-martial (SCM) of a one day period of unauthorized absence (UA), failure to obey a lawful order, absence from your appointed place of duty, resisting arrest, and breach of the peace. The Board, in its review of your...
NAVY | BCNR | CY2002 | 10963-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 15 October 2003. 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. Shortly thereafter, on 13 June 1947, you were convicted by SCM of absence from your appointed place of duty and disobedience.
NAVY | BCNR | CY2009 | 03923-09
BR three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY1999 | Document scanned on Mon Sep 25 09_11_22 CDT 2000
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late husband’s naval record, and applicable statutes, regulations, and policies. received the BCD. He was sentenced to forfeitures totalling $234 and a About a month later, on 25 June 1945, he received CM On 23 October 1945 he At this The Board also considered your The Board, in its review of your late husband’s entire record and your application,...
NAVY | BCNR | CY1999 | 02498-99
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late husband's naval record, and applicable statutes, regulations, and policies. At this time the BCD was ordered executed. The Board, in its review of your late husband's entire record and your application, carefully considered all mitigating factors, such as his youth and immaturity.