DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 2986-08
10 December 2008
This is in reference to your application on behalf of your late
father for correction of his 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 10 December 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 father's 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 27 October 1941, your late father enlisted in the Navy at
age 17 with parental consent. He subsequently served on board
Navy vessels during World War II, participated in Guadacanal,
and was wounded in action off of Salvo Island which resulted in
his return to a stateside duty station for treatment. During
the period 13 April 1943 to 19 March 1944, while stateside, he
had nonjudicial punishment and was convicted by three summary
courts-martial (SCM). His offenses included four instances of
unauthorized absence (UA) totaling about 30 days, being under
the influence of alcohol, being out of uniform, breaking
restriction, and two instances of disobedience of a lawful
order. On 11 June 1944, he reported for duty in Hawaii. On
28 July 1944, he was convicted by a SCM for being disrespectful
in language. His sentence included extra duty, forfeitures of
pay, and a bad conduct discharge (BCD). After the BCD wags
approved at all levels of review, on 22 September 1944, he was
so discharged.
The Board, in its review of his entire record and your
application, carefully weighed all potential mitigation, such
as his service during World War II, being wounded in action,
and youth. The Board also considered a statement provided by a
former shipmate, your contention that his discharge resulted
from a single incident, and the Disabled American Veterans
contention that undiagnosed Post Traumatic Stress Disorder
(PTSD) may have contributed to his misconduct. Nevertheless,
the Board concluded that these factors were not sufficient to
warrant recharacterization of his service due to the
seriousness of his misconduct. Regarding the contentions, the
record shows that he had five disciplinary actions and there is
no evidence in the record to show that he was ever diagnosed as
having a psychiatric disorder or PTSD. 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 late father's
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,
Sear °
W. DEAN PF R
Executive rector
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