DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 3412-07
11 February 2008
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 7 February 2008. 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 for two years on 29 February
1944 at age 17. You served for a year and eight months without
disciplinary incident, but on 11 July 1945, you were convicted by
general court-martial (GCM) of a 165 day period of unauthorized
absence (UA). You were sentenced to confinement for three years,
reduction in rate, and a bad conduct discharge (BCD).
During the period from 28 August to 5 November 1945 you received
captain’s mast (CM) on two occasions and were convicted by
summary court-martial (SCM). Your offenses were two
specifications of attempted escape and aiding and abetting in an
escape attempt.
On 15 October 1946 you were restored to duty on a 12 month
probational period. However, about four months later, on 4
January 1947, you began a period of UA that was not terminated
until 3 February 1947. During this period of UA you missed the
movement of your ship and were declared a deserter. Shortly
thereafter, on 19 February 1947, you were convicted by civil
authorities of Violation of the Dyer Act/motor vehicle theft and
sentenced to confinement for two years.
On 21 May 1947, while in civil custody, the discharge authority
directed discharge by reason of desertion for a 137 day period of
UA and civil conviction. After the BCD was approved at all
levels of review, on 15 March 1948 you were so discharged. You
were not recommended for reenlistment at the time.
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. It
also considered your limited education, combat history, and
period of good service. The Board further considered your
assertion that your ability to serve was impaired by combat
related conditions and possibly post traumatic stress syndrome
(PTSD). Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge or a
change of your narrative reason for separation because of the
seriousness of your misconduct, which resulted in two captain’s
masts, conviction by civil court, and two court-martial
convictions, and included lengthy periods of UA. Further, no
discharge is upgraded due solely to the passage of time or
because of an individual’s good post service conduct. Finally,
there is no evidence in the record, and you submitted none, to
support your assertions. 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
Beard 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,
\Sauss
W. DEAN P
Executive D tor
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