DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 5822-09
1 September 2009
This is in reference to your request for further consideration of
your late father’s 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 12 August’ 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 father’s 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 father enlisted in the Navy on 27
October 1941. He received nonjudicial punishment and was
convicted by three summary courts-martial for offenses that
included unauthorized absences, being under the influence of
liquor, breaking restriction, disobedience of a lawful order, and
being out of uniform,
A fourth summary court-martial convened on 28 July 1944 and found
him guilty of being disrespectful in language. The court
sentenced him to forfeiture of $27.00 per month for six months,
and a bad conduct discharge. He received the bad conduct
discharge on 22 September 1944.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your father’s youth at
the time in question, good post service conduct,.and the
contentions that the discharge was too harsh and that his
undiagnosed mental condition 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. Further, there'is no credible evidence
to show that he suffered from a serious mental disorder while in
the Navy. In addition, even if he had symptoms of a mental
condition during his period of active duty, there is 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 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,
W. DEAN PF
Executive D\
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 | 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 | 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 | 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 | CY2009 | 05284-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 20 October 2010. 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. 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 | 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 | 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 | CY2009 | 01952-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 9 December 2009. On 5 December 1944, you were so discharged. 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 | CY2002 | 02635-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. 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,...
NAVY | BCNR | CY1998 | NC9800999
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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice. Since you were only 16 years old, you requested discharge from the Naval Reserve.