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NAVY | BCNR | CY2003 | 02299-03
Original file (02299-03.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

TRG
Docket No:
2 July 2003

2299-03

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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 1 July 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Naval Reserve on 5 February 1943 at age 20
and reported to active duty on 12 February 1943.
you received nonjudicial punishment on two occasions and were
convicted by a summary court-martial.
Your offenses were two
periods of unauthorized absence totaling about four days and
missing quarters.
On 11 January and 8 July 1944 you were convicted by a deck court
and received nonjudicial punishment for two periods of
unauthorized absence totaling about 12 hours.
A summary court-
martial convened on 16 October 1944 and convicted you of an
unauthorized absence of about 10 days.
The court sentenced you
to forfeitures of pay and a bad conduct discharge.
was suspended for a probationary period of six months.
December 1944, you were convicted by a third summary court-
martial of an unauthorized absence of about nine days.
for some reason the suspension of the bad conduct discharge was
not vacated.
You reported aboard the USS DEGRASSE (AK 223) on 7 January 1945.
Subsequently, you participated in the occupation of Okinawa.You

On 4
However,

During 1943,

The discharge

such as your youth and the length

The names and

The Board therefore concluded that the general

were issued a general discharge on 11 November 1945.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
of time since the general discharge was issued.
However, the
Board found that these factors were not sufficient to warrant
recharacterization of your discharge given your extensive
disciplinary record.
In this regard, regulations in effect at
the time of your discharge precluded the issuance of an honorable
discharge to any individual convicted by two or more summary
courts-martial.
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
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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