DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 10648-08
30 September 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 16 September 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 30 January 1943, and were
advanced to private first class on 31 December 1943. You served
without disciplinary incident until 22 November 1944, when you
received nonjudicial punishment (NUJP) for disrespect toward a
noncommissioned officer. As a result, you received five days on
bread and water. However, you were never reduced in rate as a
result any disciplinary action. On 27 October 1945, you were
separated with an honorable discharge due to your expiration of
active duty.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, the time you served in combat in Iwo Jima, and the
_Purple Hearts you were awarded for wounds received in action.
Nevertheless, the Board concluded that your NUP did not reduce
you in rank, but rather, you were never advanced to the rank of
corporal. 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.
Therefore, if you can provide additional information that shows
that you were, in fact, advanced to corporal, you can submit the
documents and your case will be reconsidered. 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,
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