DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 6972-02
24 April 2003
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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 22 April
2003. Your allegations of error and 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.
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.
You reenlisted in the Navy on 5 August 1947 after nearly two years of
prior honorable service. Shortly thereafter, on 24 September 1947, you
received captain’s mast (CM) for a two day period of unauthorized
absence (UA) and were awarded extra duty for 10 hours. On 20 October
1947 you received CM for absence from your appointed place of duty and
were awarded extra duty for 100 hours.
On 7 and 27 April 1948 you received CM for failure to obey a lawful
order, disobedience, breaking restriction, and a one day period of UA.
On 1 June 1948 you were convicted by deck court (DC) of a one day period
of UA and were sentenced to confinement for 10 days and a $30 forfeiture
of pay. Shortly thereafter, on 22 July 1948, you were convicted by
summary court-martial (SCM) of a 29 day period of UA. You were sentenced
to confinement for two months and a $270 forfeiture of pay.
On 11 August 1948 you were convicted by SCM of absence from your
appointed place of duty, breaking restriction, being under the influence
of alcohol, and being incapacitated for the proper
performance of your duties. You were sentenced to a bad conduct discharge
(BCD). However, on 20 August 1948, the BCD was set aside. On 27 December
1948 you were convicted by SCM of a five day period of UA. Your were
sentenced to a $180 forfeiture of pay and a BCD.
Subsequently, on 26 January 1949, the BCD was approved at all levels of
review and ordered executed, and on 18 March 1949 you were so discharged.
The Board, in its review of your entire record and application, carefully
weighed all potentially mitigating factors, such as your youth and
immaturity and your contention that your discharge should be upgraded
because you only committed minor offenses more than 50 years ago.
Nevertheless, the Board concluded these factors and contention were not
sufficient to warrant recharacterization of your discharge because of the
seriousness of your repetitive misconduct which resulted in eight
disciplinary actions. The Board also noted that you were sentenced to a BCD
but it was set aside, thus giving you the opportunity to earn a better
characterization of service. However, you failed to do so and committed
further offenses. Further, no discharge is automatically upgraded due to
the passage of time. 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
2
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