DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
X
2 NAVY ANNE
S
WASHINGTON DC 20370-510
0
TJR
Docket No: 5757-00
26 February 2001
Dear-
This is in reference to your
recor&.pursuant to the
naval
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 13 February 2001.
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.
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 on 21 April 1944 you
The Board found you enlisted in the Navy on 17 June 1943 at the
age of 17.
received captain's mast (CM) for an absence from your appointed
place of duty.
CM for absence from your appointed place of duty and disorderly
conduct.
(DC) of disorderly conduct and drunkenness and were sentenced to
a $15 forfeiture of pay.
On 8 December 1944 you were convicted by deck court
On 18 October and on 3 November 1944 you received
During the period from 12 February to 20 June 1945 you were
convicted by DC on three occasions for a two day period of
unauthorized absence (UA), drunkenness, and absence from your
appointed place of duty.
your appointed place of duty.
convicted by general court-martial
UA.
15 months, and a bad conduct discharge (BCD).
(GCM) of a 62 day period of
You were sentenced to a reduction in rate, confinement for
You also received CM for absence from
On 3 December 1945 you were
and advised that any further
Your record further reflects that on 3 June 1946, upon your
release from confinement the BCD was suspended for six months,
you were placed on probation,
misconduct would result in immediate execution of the BCD.
However, on 24 June 1946, you received CM for fighting and were
During the period from 10
awarded restriction for two weeks.
September to 2 December 1946 you received CM on five more
occasions for three periods of absence from your appointed place
of duty, unauthorized possession of another person's clothing,
and failure to obey a lawful order.
BCD was vacated during this period.
The BCD
a written request for immediate execution of the BCD.
was approved at all levels review and on 1 May 1947 you were so
discharged.
Also, the suspension of the
Subsequently, you submitted
The Board also considered your contention that
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
combat history, good post service
your youth and immaturity,
conduct, and certificate of recognition from the Commonwealth of
Massachusetts.
you were told that your discharge would be automatically upgraded
six months after your separation.
However, the Board concluded
these factors and contention were not sufficient to warrant
recharacterization of your discharge given your repetitive
misconduct, much of it during wartime, and your continued
infractions while on probation.
evidence in your record, and you submitted none, to support your
contention that you were told that the discharge would be
Even if you were, there are no
automatically upgraded.
provisions for such an upgrade.
your discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
The Board noted that there is no
The Board further concluded that
The Board noted that you should submit the enclosed Request
Pertaining to Military Records (SF 180) form to the National
Personnel Records Center (Military Personnel Records), 9700 Page
Boulevard, St. Louis, MO 63132 in regards to your entitlement to
the European-African-Middle Eastern Area Service Ribbon with
bronze star.
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.
2
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
--
Enclosure
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