DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 11748-09
11 August 2010
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 10 August 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 Marine Corps and began a period of active
duty on 12 June 1945. The Board found that on 20 May 1946, you
were convicted by summary court-martial (SCM) of drunkenness and
being out of uniform. On 27 September 1948, you received office
hours for disobedience and insubordination. On 5 January 1948,
you were convicted by deck court (DC) of drunkenness and creating
a disturbance in a hospital. Finally, on 13 April 1949, you were
convicted by general court-martial (GCM) of striking another
service member with a broken beer bottle and drunkenness. You
were sentenced to a reduction in paygrade, confinement,
forfeiture of all pay and allowances, and a bad conduct discharge
(BCD). You received the BCD on 23 June 1950 after appellate
review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, desire to upgrade your discharge, and service during
World War II. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your misconduct that resulted in office hours, convictions
by SCM and DC, and especially the GCM, for serious offenses.
Accordingly, your application has been denied.
It is regretted that the circumstances of your case are such that
favorable action gannot be taken. You are entitled to have the
brdreconsider #: decision upon submission of new and material
idence or other matt¢ r not previously considered by the Board.
‘this regard,. it is important to keep in mind that a
presumption.ofregularity attaches to all official records.
forse quent ly? wien 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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