DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 2114-08
14 January 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 6 January 2009. 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 Marine Corps on 22 June 1945 claiming to have
been born in 1927. However, you later admitted that you born in
1929 and were therefore only 15 years old at enlistment. During
the period from 26 May 1947 to 24 September 1947 you received
nonjudicial punishment and were convicted by a summary court -
martial. Your offenses were disobedience, a uniform violation
and an unauthorized absence of about 23 days. The sentence of
the summary court included 30 days of confinement. Subsequently,
a board of medical survey found that you were unable to adjust to
service. In accordance with regulations then in effect you were
issued an undesirable discharge on 13 February 1948.
On 8 March 1949, you case was considered by the Board of Review,
Discharges and Dismissals (BRDD) and recharacterization of your
separation to a general discharge was directed. A general
discharge is under honorable conditions. Copies of the BRDD
enclosed.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and the
documentation you submitted showing that you have a doctorate
degree in physics and subsequent contributions to laser physics
for the Department of the Navy. The Board found that these
factors were not sufficient to warrant further recharacterization
of your discharge to fully honorable given your disciplinary
record and desire for discharge. In effect, the Board believed
that the action taken by the BRDD provided sufficient relief in
your case. Individuals who were issued a general discharge are
eligible for veterans benefits. The Board concluded that the
general discharge was proper as igsued 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,
Fxecutive If tor
Enclosure
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