DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 TRG
Docket No: 213-08
27 August 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 19 August 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 enlisted in the Naval Reserve on 17 October 1942,
Subsequently, you had extensive service in the Pacific area of
operations. On 4 January 1946 you were honorably discharged.
On 4 February 1947, you enlisted in the Navy for four years. On
3 December 1948, you were convicted by a general court-martial of
an unauthorized absence of about 153 days. The sentence of the
court included a bad conduct discharge. On 21 April 1949 you
were restored to duty on six months probation. On 10 August 1949
and 4 January 1950 you received nonjudicial punishment (NUP) for
disorderly conduct, disobedience, attempting to break arrest and
missing muster.
Based on the foregoing record and several hospitalizationd for
venereal disease you were processed for an administrative
discharge. Subsequently, you received another NJP for
unauthorized smoking. After review, the separation authority
directed an undesirable discharge by reason of unfitness and you
were so discharged on 29 August 1950.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your prior honorable
service and desire for veterans benefits. The Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your repeated instances of 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. A copy of the notice of separation from your first
period of service is enclosed.
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,
\Qaas
W. DEAN PFE
Executive D ia
~\
Enclosure
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