DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 4535-09
13 April 20L0
This is in reference to your application for correction of your
late father’s 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 13 April 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 late father’s 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.
Your father enlisted in the Navy on 9 October 1942 at age 17 and
served without disciplinary incident until 26 May 1943, when he
received captain’s mast (CM) for leaving his post without
permission. About three months later, on 19 August 1943, he was
convicted by summary court-martial (SCM) of theft of $239 from a
fellow shipmate. He was sentenced to a $150 forfeiture of pay
and bad conduct discharge (BCD). At that time he submitted a
written statement in which he explained that he was in an
unauthorized absence (UA) status because he was taking care of
his mother who had recently undergone an operation for cancer.
Subsequently, the BCD was approved at all levels of review, and
on 8 October 1943, your father was issued a BCD.
The Board, in its review of your late father’s entire record and
your application, carefully weighed all potentially mitigating
factors, such as his youth and post service conduct and your
desire to upgrade his discharge. Nevertheless, these factors
were not sufficient to warrant recharacterization of his
discharge given the seriousness of his 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,
\ oad |
W. DEAN PF
Executive tor
NAVY | BCNR | CY2008 | 08015-08
Documentary material considered by the Board consisted of your application, together with ail material submitted in support thereof, your late father’s naval record, and applicable statutes, regulations, and policies. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of his discharge because of his repeated periods of UA during wartime, court-martial convictions which resulted in BCD, and his continued misconduct after being awarded a BCD. ...
NAVY | BCNR | CY2008 | 02986-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 December 2008. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late father's 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...
NAVY | BCNR | CY1998 | NC9807447
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 June 1999. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, the case summary prepared in connection with the Board's review of your late father case in 1950 and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2008 | 06419-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 May 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late grandfather’s 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...
NAVY | BCNR | CY2001 | 04450-01
incident until 5 March 1945 when he was convicted by a summary court-martial of theft and sentenced to a bad conduct discharge. He served without further In its review of your application the Board carefully weighed all potentially mitigating factors such as your father's youth and and your desire to have You claim that your father's the fact that it has been more immaturity, limited education, than 56 years since he was discharged, service plague for his grave. Consequently, when applying...
NAVY | BCNR | CY2010 | 11524-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 August 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late father’s 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...
NAVY | BCNR | CY2010 | 09147-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 April 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late father’s naval record, and applicable statutes, regulations, and policies. On 11 January 1950, he was convicted by a second SCM of an eight day period of UA and sentenced to a forfeiture of pay, and a bad...
NAVY | BCNR | CY2008 | 06889-08
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late father’s naval record, and applicable statutes, regulations, and policies. Your late father enlisted in the Navy and began a period of active duty on 17 December 1957 at age 17. 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.
NAVY | BCNR | CY2011 | 01719-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 November 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late father’s 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...
NAVY | BCNR | CY2011 | 03114-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 2012. 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 late father’s naval record, and applicable statutes,...