DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5284-09
26 October 2010
This is in reference to your application for further
consideration of your late father’s application for correction of
his 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 20 October 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, his naval record and applicable statutes, regulations
and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that your late father enlisted in the Navy on 20
August 1942. He received nonjudicial punishment and was
convicted by a summary court-martial and two general courts-
martial for offenses that included four periods of unauthorized
absence.
On 5 March 1947 a general court-martial convened and found him
guilty of an unauthorized absence from 13 September to 10
December 1946. The court sentenced him to confinement at hard
labor for nine months, reduction in pay grade, and a bad conduct
discharge. He received the bad conduct discharge on 11 July
1947.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your father’s youth at
the time, overall service record in a war zone, and the
contention that posttraumatic stress disorder caused his
misconduct. The Board concluded that those factors were
insufficient to warrant recharacterization of his discharge,
given the nature and severity of his offenses, many of which were
committed during wartime. Further, there is no credible evidence
to show that he suffered from a mental disorder while in the
Navy. In addition, even if he had symptoms of a mental condition
during his period of active duty, there ig no indication in the
record that he did not know right from wrong Or was unable to
. adhere to the right. Accordingly, your application has been
*S 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 injudtice.
Sincerely,
\oMantod
W. DEAN PFET
Executive Dikedc
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