DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 4007-09
2 April 2010
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 30 March 2010. 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 17 February 1944 at age 22 and began
a period'of active duty. You served about seven months without
disciplinary incident. However, your record reflects that on 23
September and 27 November 1944, you received disciplinary report
slips for absence from your appointed place of duty and shirking.
On 10 April 1945 you were convicted by general court-martial
(GCM) of a 19 day period of unauthorized absence (UA) and missing
the movement of your ship. You were sentenced to a reduction in
rate, confinement for 14 months, and a bad conduct discharge
(BCD), all of which was suspended for 12 months. However, on 9
September 1945, you began another period of UA that was not
terminated until 6 November 1945. As a result of this action,
the suspended sentence imposed on 10 April 1945 was terminated.
On 10 December 1945 you were convicted by GCM of a 58 day period
of UA and sentenced to a reduction in rate, confinement for 17
months, and a BCD.
On 12 June 1946 you submitted a written request for restoration
to duty, however, this request was subsequently denied. Shortly
thereafter, the BCD was approved at all levels of review, and on
5 August 1946, you were issued a BCD.
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, these factors
were not sufficient to warrant recharacterization of your
discharge given the seriousness of your repeated misconduct
during time of war. Finally, you were given an opportunity to
earn a better characterization of service when the BCD received
at an earlier GCM was suspended, but failed to do so as evidenced
by your continued misconduct. 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,
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