DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 13393-09
21 September 2010
This is in reference to your application for correction of your
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 9 September 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 Navy and began a period of active duty on
15 July 1942 at age 17. On 12 October 1942, you received
nonjudicial punishment (NJP) for unauthorized absence (UA) from
your unit and sleeping while on watch. On 5 December 1944, you
were convicted by general court-martial (GCM) of UA from your
unit for a period of 31 days and missing ship’s movement. The
sentence imposed was reduction in paygrade, confinement for 24
months, and a bad conduct discharge (BCD). If conditions
warranted at the end of the first two months of confinement, you
were to be restored to duty on six months probation. On 12
January 1945, you received NUP for improper conduct while on a
working party. On 7 February 1945, you were released and
returned to duty. On 8 June 1945, you received NUP for absence
from your place of duty. On 13 September 1945, you were
convicted by summary court-martial (SCM) of UA from your unit and
incapacitation for the performance of duty. In January 1946, you
were charged with moral turpitude for permitting a shipmate to
perform an act of masturbation upon you. On 18 May 1946, you
submitted a written request for an undesirable discharge in order
to avoid trial by court-martial for the forgoing charge. Prior
to submitting this request you conferred with a qualified
military lawyer at which time you were advised of your rights and
warned of the probable adverse consequences of accepting such a
discharge. Your request was granted and the separation authority
directed your undesirable discharge. As a result of this action,
you were spared the stigma of a court-martial conviction and the
potential penalties of a punitive discharge and confinement at
hard labor. On 11 October 1946 you were discharged under
undesirable conditions.
The Board, in its review of your entire record and application
earefully weighed all potentially mitigating factors, such as
your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given the seriousness of
your misconduct that resulted in three NJPs, one SCM, one GCM and
request for discharge. The Board believed that considerable
clemency was extended to you when your request for discharge to
avoid trial by court-martial was approved. Further, the Board
concluded that you received the benefit of your bargain with the
Navy when your request for discharge was granted and should not
be allowed to change it now. Finally, the Board noted that even
under today’s standards, you would receive an other than
honorable characterization of service because the homosexual
activity occurred onboard a naval vessel and with a fellow
sailor. 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 'D
: EAN PF
Executive rector
NAVY | BCNR | CY2013 | NR2672-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 April 2014. 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. 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 | CY2013 | NR2844-13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 April 2014. 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. On 28 January 1947, you received deck court (DC) for two periods of UA.
NAVY | BCNR | CY2002 | 02770-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. April 1945 you received CM on two occasions for missing muster, On 22 March 1945 the DD was mitigated to a bad conduct On 3 February 1945 the confinement You were...
NAVY | BCNR | CY2007 | 07888-07
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 July 2008. on 16 March 1946, your late husband The Board, in its review of your late husband's record and your application, carefully weighed all potentially mitigating factors, and your contention that he was discharged due to medical problems. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to...
NAVY | BCNR | CY2002 | 03816-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 29 January 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Your record reflects that you served without The Board found you enlisted in the Navy on9 December 1941 at the age of 17. disciplinary incident until 9 September 1942 when you received captain's mast (CM) for absence...
NAVY | BCNR | CY2009 | 04007-09
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. However, on 9 September 1945, you began another period of UA that was not terminated until 6 November 1945. 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 | CY2009 | 01298-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 December 2009. , 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 of injustice. Your request for discharge was granted and on 19 December 1972, you received an other than honorable discharge for the good of the service in lieu of trial...
NAVY | BCNR | CY2008 | 09535-08
- R three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your | application on 18 August 2009. 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. You were sentenced to confinement for eight months and a bad conduct discharge (BCD).
NAVY | BCNR | CY2002 | 03742-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 November 2002. 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. On 24 April...
NAVY | BCNR | CY2007 | 06909-07
On that same date, the separation authority referenced the medical survey board’s report and directed a UD by reason of unfitness. Regulations also directed that individuals recommended for a UD by reason of unfitness be informed of the contemplated action, the reasons, and given an opportunity to appear and present any facts or submit a statement.CONCLUSION:Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. That...