DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX,
WASHINGTON DC 20370-5100° pro
Docket No: 01952-09
9 December 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10, of the
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 9 December 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 Navy on 22 October 1943, at the age of 17.
On 30 January 1944, you were convicted at a general court-martial
(GCM) for being in an unauthorized absence (UA) status and
missing your ship’s movement. You were sentenced to reduction in
pay grade, confinement for six months, and a bad conduct
discharge (BCD). On 25 October 1944, you received a nonjudicial
punishment (NUP) for being UA for a period of 16 days and were
recommended to receive the BCD. On 5 December 1944, you were so
discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your record of conviction of very serious
offenses during wartime by GCM and NUP. 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,
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,
\Wpooetu!
W. DEAN PF
Executive Digdetbor
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