DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 07888-07
3 July 2008
your application for correction of your
ord 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 1 July 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 late husband's naval record, and applicable
statutes, regulations, and policies.
Your late husband enlisted in the Navy Reserve on 22 July 1943 at
age 18. On 6 December 1943, he received nonjudicial punishment
(NJP) for three days of unauthorized absence (UA). On 30 March
1944, he was convicted by general court-martial (GCM) of 63 days
your late husband's sentence to confinement was reduced, and the
BCD was suspended provided he conducted himself in a satisfactory
Manner. On 3 September 1944, he was released from confinement
and restored to full duty. On 6 December 1945, he received a
second NUP for a brief period of UA. He received solitary
confinement and restriction. on 16 March 1946, your late husband
The Board, in its review of your late husband's record and your
application, carefully weighed all potentially mitigating
factors, and your contention that he was discharged due to
medical problems. Nevertheless, the Board concluded these
factors were not sufficient to warrant recharacterization of his
discharge because of the frequency of his misconduct, as shown by
the two NJP’s and GCM conviction for a period of UA totaling over
two months. The Board especially noted that your late husband
was given an opportunity to earn a better characterization of
service when the BCD was suspended. - 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,
OW gon F
{
Executive Dir Oo
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