DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 REC
Docket No: 08591-09
28 October 2009
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. -
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 28 October 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 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 8 April 1946. On 13 March 1947, you
ived:nonjudicial punishment (NJP) for being in an
Orized absence status (UA) for 37 days. Your punishment
[a
was to be referred to a summary court-martial (SCM). On
1 April 1947, you were convicted at a SCM for that period of UA.
You were sentenced to receive a bad conduct discharge (BCD). On
13 May 1947,* you received NJP for an additional seven days of UA.
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 your record of NUP’s and conviction by
SCM. 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 te 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,
\ oan
| DEAN DFE
Executive D cher
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