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NAVY | BCNR | CY2006 | 04698-06
Original file (04698-06.rtf) Auto-classification: Denied

DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX     SJN
          WASHINGTON DC 20370-5100         Docket No: 04698 - 06
                  13 November 2006







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 8 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 Navy o n 15 February 1945 at age 19. During the period from 15 September 1945 to 28 August 1947 you received four nonjudicial punishments, (NJP’s) for a brief period of unauthorized absence (UA), continued negligence of duty, disobedience, and failure to get up at reveille. On 3 September 1947 you were convicted by summary court-martial (SCM) of a brief period of UA, which ended in your apprehension. You were sentenced to a forfeiture of pay and a bad conduct discharge (BCD). However, the BCD was remitted by the Bureau of Naval Personnel, and you were restored to duty.
On 15 January and 4 February 1948 you received two additional NJP’s for leaving your watch without being properly relieved, and leaving your station without permission. On 21 June 1948 you were convicted by a second SCM of a brief period of UA and sentenced to a BCD. The Bureau of Naval Personnel held the BCD in abeyance and placed you on probation for a period of six months. Unfortunately, on 10 August 1948 you. received a seventh NJP for a brief period of UA, and the BCD was ordered to be executed. You were so discharged on 25 August 1948.
On 23 April 1951 the Board of Review, Discharges and Dismissals (BRDD) reviewed your case and concluded that the execution of the BCD for such a brief period of UA was overly severe, and a general discharge would more appropriately characterize your service. Accordingly, on 27 September 1951 the BCD was changed to a general discharge.





The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and time in service. The Board also considered your contention that the general discharge was to be upgraded due to your exposure to asbestosis. However, the Board found that these factors were not sufficient to warrant any change in your general discharge given your record of seven NJP’s and convictions by SCM. The Board also noted that you were fortunate to receive an upgraded discharge from the BRDD. Concerning your contention, there is no evidence in the record to support it, and you submitted no such evidence. 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




















2

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