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NAVY | BCNR | CY2008 | 10344-08
Original file (10344-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 |

TUR
Docket No: 10344-08
1 October 2009

 
 
   
  
 
  
  
 
 
  
  
 
 
   
 
 
  
  
 
  
 
  
 
 
 
 
  

This is in reference to your application for correction of your
United .

naval record. pursuant to the provisions of Title 10, .
‘States Code, Section 1552. eof te a bw ae

A three-member panel of the Board for Correction of Naval 2000.
Records, ‘sitting in executive session, considered your po .
application on 29 September 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 Navy on 29 March 1943 at age 18 and served
without disciplinary incident until 19 August 1943, when you were

convicted by deck court for a five day period of unauthorized
absence (UA). You were sentenced to confinement for 10 days and

a $36 forfeiture of pay.

During the period from 11 February to 19 September 1944 you
received captain’s mast (CM) on two occasions and were convicted
by summary court-martial (SCM). Your offenses were sleeping on
watch, a 14 day period of UA, and destruction of government
property. About eight months later, on 17 May 1945, you were
convicted by SCM of a 23 day period of UA. You were sentenced to
confinement for 30 days, extra duty for a tionth, and a $90

forfeiture of pay.
Subsequently, you were processed for an administrative separation

by reason of convenience of the government. The discharge
authority directed separation under honorable conditions by
reason of convenience of the government, and on 29 December 1945

you were issued a general discharge.

At the time of your separation character of service was based, in
part, on conduct and proficiency averages which were computed
from marks assigned during periodic evaluations. Your conduct
average was 2.6. An average of 3.25 in conduct was required at
the time of your separation for an honorable characterization of

service.

The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, -honorable post military service, and desire to...

upgrade your.discharge..- Nevertheless, the Board concluded these. -

factors. were not sufficient to warrant recharacterization of your
discharge because of. your repetitive misconduct and since your .
conduct average. was insufficiently high to warrant a fully
honorable characterization. of service. Further, individuals
discharged with a disciplinary record, such as yours, would
normally receive an other than honorable discharge, and as such
you were 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,

W. ea TN
Executive Dinxecto

a,

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