DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 8015-08
24 June 2009
This is in reference to your application for correction of your
late father’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 17 June 2009. The names and votes of the
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 ail 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
Your father enlisted in the Naval Reserve on 27 October 1942 at.
age 18 and began a period of active duty the following month. He
served for a year without disciplinary incident, but on 3
December 1943, he was convicted by summary court-martial (SCM) of
a six day period of unauthorized absence (UA) and sentenced to a
$92.40 forfeiture of pay and a bad conduct discharge (BCD). The
BCD was suspended for six months. However, less than two months
later, on 5 February 1944, he was again convicted by SCM of a Zi
day period of UA and missing the movement of his ship. He was
sentenced to a $158.40 forfeiture of pay and a BCD, which was
suspended for six months.
On 10 January 1946, at the expiration of his enlistment, he was
discharged under honorable conditions.
The Board, in its.review of your late father’s entire record and
your application, carefully weighed all potentially mitigating
factors such as his youth, post service conduct, and service
during wartime. It also considered your desire to have his
discharge upgraded and your letter describing his background.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of his discharge because
of his repeated periods of UA during wartime, court-martial
convictions which resulted in BCD, and his continued misconduct
after being awarded a BCD. 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 PFE Fr
Executive Diredtbr
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