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
NAVY | BCNR | CY2010 | 11524-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 August 2011. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2008 | 08015-08
Documentary material considered by the Board consisted of your application, together with ail material submitted in support thereof, your late father’s naval record, and applicable statutes, regulations, and policies. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of his discharge because of his repeated periods of UA during wartime, court-martial convictions which resulted in BCD, and his continued misconduct after being awarded a BCD. ...
NAVY | BCNR | CY2002 | 06972-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2003. 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. The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth...
NAVY | BCNR | CY1998 | NC9807447
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 30 June 1999. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, the case summary prepared in connection with the Board's review of your late father case in 1950 and applicable statutes, regulations and policies. Consequently, when applying for a correction of an official...
NAVY | BCNR | CY2006 | 03745-06
Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your late husband’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 husband enlisted in the Naval Reserve on 14 December 1942 at the age of 17. ...
NAVY | BCNR | CY2006 | 01842-06
CONCLUSION:Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants favorable action. The Board’s finding is based on Petitioner’s youth and limited education, the severity of the punishment awarded for the nature of his misconduct, and his good post service conduct. The Board does not condone Petitioner’s misconduct, but notes that his infractions consisted of four very short periods of UA and two instances of improper watch standing.
NAVY | BCNR | CY2010 | 07221-10
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. At the time of your service, a conduct average of 3.25 was required for a fully honorable characterization of service. 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 | CY2011 | 03114-11
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 January 2012. 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,...
NAVY | BCNR | CY2010 | 08241-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 April 2011. 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 25 November 1950, you were again convicted by SPCM of UA from your unit for a period of three days and sentenced to 30 days confinement, a...
NAVY | BCNR | CY2009 | 04535-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 April 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence...