DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 1249-08
9 October 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 8 October 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.
On 28 September 1943, you enlisted in the Navy Reserve at age
17 with parental consent and began a period of active service.
You then served without incident for more than 13 months. On
25 November 1944, you began an unauthorized absence (UA) that
ended on 23 December 1944, a period of about 28 days. On
16 January 1945, you were convicted by a general court-martial
of the 28 day period of UA and missing the movement of your
ship. Your sentence included reduction in rank, confinement,
and a bad conduct discharge (BCD). A portion of your sentence
was later reduced, your BCD was directed to be held in
abeyance and you were placed on 6 months of probation. On
20 March 1945, you were released from confinement. On
25 March 1945, you began another period of UA when you failed
to comply with orders. On 18 April 1945, you were apprehended
by civilian authorities after being in a UA status for a period
of about 24 days. On 30 April 1945, you had captain's mast for
the 24 day period of UA and your suspended BCD was vacated and
ordered executed. You were subsequently denied clemency and
restoration to duty. On 4 March 1946, you were discharged with
a BCD.
The Board, in its review of your entire record and application,
carefully weighed all potential mitigation, such as your youth,
service during World War II, and desire for a better discharge.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due
to the seriousness of your misconduct that continued even after
you were placed on probation. Therefore, 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.
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,
lo Qaer!
W. DEAN PFE
Executive D Cc
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