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NAVY | BCNR | CY2006 | 03209-06
Original file (03209-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

                  TJR
                                                                                          Docket No: 3209-06
                                                                                          1 November 2006






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 1 November 2006. 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 Naval Reserve on 9 February 1944 at .age 17 and began a period of extended active duty. During the period from 24 June to 30 July 1944 you received captain’s mast (CM) on three occasions for two periods of unauthorized absence (UA) totalling seven days, absence from your appointed place of duty, and failure to obey a lawful order. On 18 October and again on 21 December 1944 you were convicted by summary court-martial (SCM) of two periods of UA totalling 40 days and being out of your uniform.
On 7 February 1945 you were convicted by SCM of breaking restriction and a three day period of UA. You were sentenced to a $162 forfeiture of pay and a bad conduct discharge (BCD).



However, the BCD was suspended for six months. Nevertheless, on 28 February 1945, you received CM for a seven day period of UA, insolence, failure to obey a lawful order, and attempted assault. At that time the foregoing suspended BCD was vacated and ordered executed. After the BCD was approved at all levels of review, on 17 March 1945, 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 the passage of time. It also considered your assertion that you were not granted leave upon completion of an overseas tour. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your repetitive misconduct during wartime. Further, the Board noted that even though you were sentenced to a BCD, it was suspended, thus giving you the opportunity to earn a better characterization of service. However, you failed to do so as evidenced by your continued misconduct. 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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