DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 6419-08
21 May 2009
This is in reference to your application for correction of your
late grandfather’s naval record pursuant to the provisions of
Title 10, 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 12 May 2009. The names and votes of the members
of the panel will be furnished upon request. 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 grandfather’s
naval record, and applicable statutes, regulations, and policies.
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Your late grandfather enlisted in the Naval Reserve on 6 May 1943
at age 17. He served without disciplinary incident until July
1944, when he received captain’s mast (CM) for disobeying a
lawful order. He was convicted by deck court (DC) in September
1944 of losing government property through negligence.
In November 1944 he was convicted by summary court-martial (SCM)
of striking another Sailor and sentenced to a $108 forfeiture of
pay and a bad conduct discharge (BCD). However, the BCD was
remitted for six months. Nonetheless, on 8 December 1944, he
received CM and the remitted BCD was vacated. Subsequently, the
BCD was approved at all levels of review, and on 18 May 1945 he
was so discharged.
The Board, in its review of your application with attachments and
your late grandfather’s entire record, carefully weighed all
potentially mitigating factors, such as his youth, correspondence
regarding his medical and mental state after his discharge from
the Navy, and his post service conduct. It also considered your
desire to upgrade his discharge. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of his discharge because of the seriousness of
his repetitive misconduct. Accordingly, your application has
been denied.
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, ,
W. DEAN P ER
Executive ector
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