DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 10865-07
24 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 14 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 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.
You initially enlisted in the Navy on 2 September 1942 at age 17
and were honorably discharged on 6 February 1946. During the war
you participated in the assault landings on the Normandy beaches
on 6 June 1944,
You reenlisted in the Navy on 6 April 1946. During the period
from 25 September 1946 to 9 October 1948, you were convicted by
a deck court and two summary courts-martial, and received four
nonjudicial punishments. Your offenses were seven periods of
unauthorized absence totaling about 10 days and missing ship's
movement on two occasions. A summary court-martial convened on
22 November 1948 and convicted you of an unauthorized absence of
about nine days. The court sentenced you as mitigated to a bad
conduct discharge and you were so discharged on 20 January 1949.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your prior honorable
service and your contention that you became an alcoholic during
your second enlistment. You contend that after your discharge,
you turned your life around and have been a good citizen for many
years. The Board found that these factors and contention were
not sufficient to warrant recharacterization of your discharge
given the frequency of your misconduct. It was clear to the
Board that you were given every Opportunity to complete your
enlistment but committed additional misconduct. The Board
concluded that the discharge was proper as issued and no change
is warranted.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
The Board believes that you are eligible for veterans benefits
based on your honorable service in World War II. Therefore if
you have been denied benefits, you should appeal that denial
under procedures established by the Department of Veterans
Affairs.
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,
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