DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No:
10 September 2003
2499-03
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 9 September 2003.
Your allegations of error and
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.
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 Marine Corps on 14 January 1947, claiming to
A general court-martial convened on 17 June
be 19 years old.
1947 and convicted you of an unauthorized absence of about 42
days.
allowances, confinement at hard labor for seven months and a bad
conduct discharge.
probationary period of 12 months and you were restored to duty.
On 19 July 1947 you began another period of unauthorized absence
which lasted until 22 August 1947.
Subsequently, the suspension
was vacated.
You received the bad conduct discharge on 16 April
1948.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education and low score on the aptitude test.
You contend in
your application that you were actually 17 years old when you
enlisted and lied about your age because you had to provide for
yourself.
The Board found that these factors and contentions
were not sufficient to warrant recharacterization of your
discharge given your conviction by court-martial of a lengthy
period of unauthorized absence,
probation shortly after you were restored to duty.
The court sentenced you to forfeiture of all pay and
The entire sentence was suspended for a
and especially your violation of
The Board
concluded that the 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.
are such that
It is regretted that the circumstances of your case
You are entitled to have the
favorable action cannot be taken.
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.
The names and
Sincerely,
Executive Dir
2
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