DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BUG
Docket No: 7036-10
16 March 2011
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 15 March 2011. 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You entered active duty in the Navy on 29 July 1944. You
received captain's mast and two summary courts-martial. Your
offenses included failure to obey a lawful order, and two
periods of unauthorized absence totaling 29 days. On 15
November 1947, at the end of your active obligated service, you
received a general discharge.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and
World War II service. However, the Board concluded that your
discharge should not be changed due to your acts of misconduct.
The Board believed you were fortunate to receive a general
discharge, since Sailors who have committed misconduct such as
yours are normally administratively separated and receive an
other than honorable characterization of service. In view of
the above, 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,
Leas
W. DEAN PFESRF
Executive Daye r
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