DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TUR
Docket No: 10285-10
8 July 2011
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 6 July 2011. 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 Naval Reserve on 8 April 1944 at age 17 and
began a period of active duty on 25 April 1944. You served
without disciplinary incident until 11 October 1944, when you
were convicted by summary court-martial (SCM) of a four day
period of unauthorized absence (UA).
On 28 March 1945 you were convicted by deck court (DC) of failure
to obey a lawful order by taking prohibited materials ashore,
specifically, five spools of thread and two pieces of cloth.
About four months later, on 5 July 1945, you were convicted by
SCM of two specifications of disobedience.
On 25 June 1946, at the expiration of your enlistment, you were
issued a general discharge under honorable conditions. The
following day, on 26 June 1946, you reenlisted in the Navy,
served without disciplinary incident, and were honorably
discharged at the expiration of your reenlistment.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade the characterization of your
general discharge. Nevertheless, the Board concluded these >
factors were not sufficient to warrant recharacterization of your
general discharge because of the seriousness your frequent and
repeated misconduct, which resulted in three convictions.
Accordingly, your application has been denied.
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,
\a Veo Ae.)
W. ae ile
Executive “Director
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