DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 3923-09
16 April 2010
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.
BR three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 14 April 2010. 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 Reserve and began a period of active
duty on 30 January 1942 at age 19. On 2 June 1943, you received
nonjudicial punishment (NJP) for a four day period of
unauthorized absence (UA) from your unit. On 16 November 1943,
you received NUP For UA from your unit. On 29 November 1943, you
received NIP for a two day period of UA from your unit. On 19
January 1944, you were convicted by summary court-martial (SCM)
of a 29 day period of UA from your unit. On 7 March 1944, you
received NJP for a two day period of UA from your unit. On 23
May 1944, you were convicted at SCM of a 15 day period of UA E£rom
your unit. The sentence imposed was forfeiture of pay and a bad
conduct discharge (BCD). The BCD was suspended for six months to
be executed in case of further misconduct. On 17 June 1944, you
were convicted by SCM of UA from your unit. On 4 BRugust 1944,
you received NUP for UA from your unit for eight days, and at
that time, the BCD was vacated. You received the BCD after
appellate review was complete.
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 the seriousness of your misconduct that
resulted in five NUPs and three SCMs. Finally, the Board noted
that you were given an opportunity to earn a better
characterization of service when the BCD you received at an
earlier court-martial was suspended, but failed to do so as
evidenced by your continued misconduct. 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,
NAVY | BCNR | CY2007 | 07888-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 July 2008. on 16 March 1946, your late husband The Board, in its review of your late husband's record and your application, carefully weighed all potentially mitigating factors, and your contention that he was discharged due to medical problems. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2009 | 02609-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 18 February 2010. 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. On 10 October 1962, you received NJP for UA from your unit.
NAVY | BCNR | CY2002 | 02770-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. April 1945 you received CM on two occasions for missing muster, On 22 March 1945 the DD was mitigated to a bad conduct On 3 February 1945 the confinement You were...
NAVY | BCNR | CY2009 | 11249-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 July 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2001 | 04953-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 January 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. 1944 you received CM for a 23 day period of UA and the punishment At this time the suspended imposed was confinement for a month. Given the circumstances of your...
NAVY | BCNR | CY2009 | 04679-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 05504-01
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. On 27 August 1943 you were convicted by general On 25 May 1943 you began a 67 day period of UA that was not terminated until you were apprehended by civil authorities on 31 July 1943. court-martial (GCM) of the foregoing period of UA and were sentenced, as mitigated, to confinement for 18...
NAVY | BCNR | CY2010 | 05347-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 March 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 13393-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 September 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of...
NAVY | BCNR | CY2010 | 03926-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 2010. 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. You requested suspension of the BCD and restoration to earn an honorable discharge.