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NAVY | BCNR | CY2010 | 09147-10
Original file (09147-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

SJN

Docket No: 09147-10
27 Dprad 2011

 

This is in reference to your application for correction of your
late father’s 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 26 April 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 late father’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 father enlisted in the Navy and began a period of
active duty on 29 January 1948 at age 17. The Board found that
on 27 July 1949, he received deck court (DC) for six days of
unauthorized absence (UA). He received 20 days of confinement
and a forfeiture of pay. On 30 September 1949, he was convicted
by summary court-martial (SCM) of two periods of UA totaling
eight days. He was sentenced to solitary confinement on bread
and water, and a forfeiture of pay. On 11 January 1950, he was
convicted by a second SCM of an eight day period of UA and
sentenced to a forfeiture of pay, and a bad conduct discharge
(BCD). However, the BCD was suspended for a period of six
months. On 21 June 1950, he received captain’s mast (CM) for UA,
and received extra duty. On 25 August 1950, he was convicted by
a third SCM of 17 days of UA. He was sentenced to a forfeiture
of pay, extra duty and a BCD. Again, his BCD was suspended for a
period of six months. Unfortunately, on 25 September 1950, he
received a second CM for a period of UA. Subsequently, his
commanding officer vacated the suspended BCD sentenced on

25 August 1950. He received his BCD on 9 October 1950 after
appellate review was completed.
The Board, in its review of your late father’s entire record and
your application, carefully weighed all potentially mitigating
factors, such as his youth, overall record of service and your
belief that his characterization of service should be

was given an opportunity for retention or to €arn a better

suspended on two occasions. Finally, you are advised that there
is no provision of law or in Navy regulations that allows for
recharacterization of a discharge automatically due solely to the
passage of time. 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. DEAN PFEIFER
Executive Dirédtor

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