DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DC 20370-5100
TOR
Docket No: 9535-08
18 August 2009
This ig in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552. -
R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your |
application on 18 August 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 che
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 Navy on 7 October 1943 at age 17. You served
without disciplinary infraction until 4 September 1945, when you
were convicted by summary court-martial (SCM) of a 21 day period
of unauthorized absence (UA). About a4 month later, on 16
November 1945, you were convicted by general court-martial (GCM)
of a 16 day period of UA. You were sentenced to confinement for
eight months and a bad conduct discharge (BCD). However, on 9
February 1946, you were placed on probation for sik months and
returned to duty. Nonetheless, on 14 March 1946, you received
captain's mast (CM) for a nine day period of UA and your period
of probation was terminated.
On 27 May 1946 you waived your right to appear before a clemency
board and requested immediate execution of the discharge.
Subsequently, the BCD was approved at all Levels of review and on
3 July 1946 you were 580 discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, desire to upgrade your
discharge, and the passage of time. Nevertheless, the Board
concluded these factors were not sufficient to warrant
recharacterization of your BCD because of the seriousness of your
repetitive and lengthy periods of UA, which resulted in CM, two
court-martial convictions, and the BCD. Further, the Board noted
that you were sentenced to a BCD but it was suspended, thus
giving you the opportunity to earn a better characterization of
service. However, you failed to do so and committed further
offenses. Finally, no discharge is automatically upgraded due
solely to an individual’s good post service conduct or the
passage of time. 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
Executive
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