DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 N A V Y A N N E X
WASHINGTON DC 20370-51 0 0
TJR
Docket No: 10963-02
16 October 2003
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 15 October 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 enlisted in the Navy on 26 February 1946 at age 17. On 23
October 1946 you received captain's mast (CM) for entering an
enlisted men's club while being a prisoner at large and were
awarded extra duty for 25 hours.
During the period from 7 January to 11 March 1947 you received CM
on four occasions for disobedience, skylarking, absence from your
appointed place of duty, being out of uniform, refusing to work,
and insolence. On 27 April 1947 you received CM for violation of
a brig order and were awarded confinement on bread and water for
five days. On 6 May 1947 you were convicted by summary court-
martial (SCM) of wrongful possession of another Sailor's
clothing, breaking restriction, a three day period of
unauthorized absence, and being in an outside area without proper
authority. You were sentenced to confinement on bread and water
for five days, a $175 forfeiture of pay, and extra duty for three
months. On 10 June 1947 ybu received CM for tko periods of
absence from your appointed place of duty, disobedience, two
specifications of missing duty, shirking duty, and failure to
promptly carrying out an order. The punishment imposed was
confinement on bread and water for five days. Shortly
thereafter, on 13 June 1947, you were convicted by SCM of absence
from your appointed place of duty and disobedience. You were
sentenced to confinement and extra duty for 30 days and a $45
forfeiture of pay.
On 7 July 1947, following a medical examination after complaining
of occipital headaches for seven months and a loss of memory, you
were diagnosed with amnesia and an inability to adjust. Shortly
thereafter, on 4 August 1947, you were diagnosed with a
personality disorder which existed prior to your enlistment. At
that time you were found to be unfit for further service and
recommended for separation. Subsequently, the recommendation for
separation was approved, and on 1 October 1947 you were issued a
general discharge.
Character of service is based, in part, on conduct and overall
trait averages which are computed from marks assigned during
periodic evaluations. Your conduct average was 2.7. An average
of 3.25 in conduct was required at the time of your separation
for a fully honorable characterization of service.
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 assertion that you should
have received a medical discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your discharge since your conduct average
was insufficiently high to warrant an honorable discharge.
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 upan 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,
Executive
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