DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
S
TJR
Docket No:
20 February 2002
6398-01
Dear
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 12 February 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
and applicable statutes, regulations,
thereof, your naval record,
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.
The Board found you enlisted in the Navy on 10 July 1941 at the
age of 18.
Your record reflects that during the period from 28
February to 14 July 1942 you received captain's mast (CM) on
three occasions for neglect
creating a disturbance, and disobedience.
being slow to obey orders,
of duty,
Your record further reflects that on 2 January 1943 you were
convicted by summary court-martial (SCM) of assault.
You were
sentenced to a $192 forfeiture of pay and a bad conduct discharge
’ (BCD).
were so discharged on 13 January 1943.
After the BCD was approved at all levels of review, you
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
However, the Board concluded these
your youth and immaturity.
factors were not sufficient to warrant recharacterization of your
discharge because of your repetitive misconduct during wartime.
The Board noted that you were the subject of four disciplinary
actions during an enlistment that lasted for only 18 months.
Given all the circumstances of your case, the Board concluded
your discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
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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