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NAVY | BCNR | CY2007 | 06125-07
Original file (06125-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                                              BOARD FOR CORRECTION OF NAVAL RECORDS
                                                              2 NAVY ANNEX
                                                                WASH~NGTON DC 2O37O - 5 100
                                                      CRS
                                                                                           Docket No: 6125-07
                                                                                          28 July 2008








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 25 June 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
The Board found that you enlisted in the Navy on 18 July 1942. You received two deck courts and a nonjudicial punishment, and were convicted by a summary court-martial. The offenses included unauthorized absences, missing movement, and failure to obey a lawful order. On 10 May 1946 you received a general discharge by reason of expiration of term of service.
The Board did not accept your contention to the effect that your discharge should be fully honorable because you were young and immature, and that your service was honorable apart from your misconduct. It concluded that your service was properly characterized as under honorable conditions in view of your extensive disciplinary record, and that you have not demonstrated that it would be in the interest of justice for the Board to upgrade your discharge to fully honorable. 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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