DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEA
WASHINGTON DC 20370-5100
TOR
Docket No: 8861-08
20 July 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552.
2 three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 July 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 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.
You enlisted in the Marine Corps on 8 October 1942. At that time
you reported your date of birth as 17 July 1924, which meant that
at the time of enlistment, you were age 18. You served without
disciplinary incident until 21 December 1943, when you were
convicted by summary court-martial (SCM) of disobedience,
destruction of government property, and wrongful use of a
government jeep.
On 14 February 1944, although you wrongfully reported your date
of birth as 17 July 1924, you were issued a letter of retention,
and your record was corrected to show your date of birth as 17
July 1927. About a month later, on 22 March 1944, you were
convicted by SCM of wrongful personal use of government property
and absence from your appointed place of duty. On 29 July 1944
you were convicted by deck court (DC) of absence from your
appointed place of duty.
On 15 January 1945 you were convicted by DC of absence from your
appointed place of duty and sentenced to.confinement for 20 days
and a $20 forfeiture of pay. Your record reflects that some time
later in 1945, you were again convicted by DC of absence from
your appointed place of duty and sentenced to confinement for 10
days. In October 1945, you were processed for an administrative
discharge by reason of convenience of the government. The
discharge authority directed your commanding officer to issue you
a general discharge by reason of convenience of the government,
and on 13 October 1945, you were so discharged.
-The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. It also
considered your assertion that the characterization of your
service was based on a conspiracy to cover up the fact that you
enlisted and were retained in the Navy at such a young age.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge
because of the seriousness of your repetitive misconduct which
resulted in five convictions. Further, there is no evidence in
the record, and you submitted none, to support your assertion of
a conspiracy. Finally, Sailors who are discharged after
committing multiple offenses normally receive undesirable
discharges, and the Board concluded that you were very fortunate
to receive a general discharge. 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,
Ua yen
W. DEAN PREF
Executive rector
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