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NAVY | BCNR | CY2006 | 01622-07
Original file (01622-07.rtf) Auto-classification: Denied
         DEPARTMENT OF THE NAVY
 BOARD FOR CORRECTION OF NAVAL RECORDS
         2 Navy Annex
         WASH!NGTON DC 2O 051-5100





                                             TJR
 Docket No: 1622-07
5 December 2007





This is in reference to your application for correction of your
 naval record pursuant to the provisions of Tit]el 0, United States Code Sect i on 1552.
A three - member panel of the Board for Correction of Naval Records, sitting in executive session, Considered your application on 4 December 2007. 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 15 June 1942 at age 17 and served without disciplinary incident until 5 July 1943, when you were convicted by deck court (DC) of a three day period of unauthorized absence (UA). On 3 August 1943 you were convicted by summary court-martial (SCM) of a 16 day period of UA, and on 8 December 1943 you were again convicted by SCM of a 20 day period of UA and missing the movement of your ship.
On 7 April 1944 you were convicted by general court-martial (GCM) of a 16 day period of UA and sentenced to confinement for three years, reduction in paygrade, forfeiture of all allowances, and a dishonorable discharge (DD). However, on 13 April 1944, the DD was remitted to a bad conduct discharge (BCD) and the confinement was reduced to 24 months. Subsequently, the BCD was approved at all levels of review, on 29 January 1946, 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, post service conduct, and the passage of time. Nevertheless the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your misconduct during wartime which resulted in a deck court and three court-martial convictions Finally, no discharge is upgraded due solely to the passage of time or because of an individual’s good post service conduct. 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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