DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 03967-10
13 October 2010
This is in reference to your application for correction of your
late uncle, ane naval record pursuant to the
provisions o e enited States Code, section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 5 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, your late uncle’s 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.
Your late uncle enlisted in the Navy and began a period of active
duty on 13 June 1941. The Board found that during the period
from 27 June to 21 November 1942, he was convicted by three
summary courts-martial (SCM’s) of three periods of absence
without leave (AWOL) totaling 23 days and unauthorized possession
of government property. As a result of his third SCM, he was
sentenced to extra duty, a forfeiture of pay, and a bad conduct
discharge (BCD). He received the BCD on 2 December 1942 after
appellate review was completed.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as you uncle’s youth and
record of service. Nevertheless, the Board concluded these
Factors were not sufficient to warrant recharacterization of his
discharge given his three SCM convictions. 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
@cistence. of. probihle material error or injustice.
band ee
¢ : ieee ie Sincerely,
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