DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX TRG
WASHINGTON DC 20370-5100 Docket No: 7187-08
21 January 2009
id.
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 Navy on 25 February 1948 at age 18 and
reported to your first duty station on 18 July 1948. On 29
January 1949 you arrived in the United States on emergency leave
which was apparently to expire on 12 February 1949. On 27
February 1949 you surrendered at the receiving station in Boston,
Massachusetts.
A summary court-martial convened on 31 March 1949 and convicted
you of an unauthorized absence from 13 February to 27 February
1949. The court sentenced you to forfeitures of pay and 15 days
confinement. On 28 April 1949 you reported to your next duty
Station. On 21 June 1949 you were convicted by another summary
court-martial of an unauthorized absence of about eight days and
missing ship's movement. The court sentenced you to a bad
conduct discharge which was suspended for six months. On 31
August and 21 October 1949 you received nonjudicial punishment
(NIP) for shirking duty, unauthorized absence of about 22 days
and a uniform violation. At the second NJP your suspension
probation was terminated. The bad conduct discharge was issued
on 26 October 1949.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education and low score on the aptitude test. The Board found
that these factors and contention were not sufficient to warrant
recharacterization of your discharge given your multiple
disciplinary infractions and especially your violation of
probation. 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,
Executive Dil
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