DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SON .
Docket No: 11524-10
17 August 2011
This is in reference to your application for correction of your.
late father, Clement H. Voith’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 16 August 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 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
if] wees,
Your late father enlisted in the Navy and began a period of
active duty on 10 January 1942. The Board found that he received
three captain’s masts (CM) for two days of unauthorized absence
(UA), missing muster, and another period of UA. He was convicted
by three summary courts-martial -(SCM's) of three periods of UA
totaling 28 days, and breaking restriction. Additionally, he was
convicted by deck court (DC) of shirking duty. As a result of
his last SCM, he was sentenced to a forfeiture of pay and a bad
conduct discharge (BCD). However, the BCD was suspended for a
period of six months of probation. On $ September 1944, he began
another period of UA that lasted 30 days, ending on 9 October
1944. On 10 October 1944, his probation was terminated and the
BCD was ordered to be executed. He received the BCD on
12 October 1944 after appellate review was completed.
The Board, in its review of application and late father’s record,
carefully weighed all potentially mitigating factors, such as his
youth and your desire to upgrade his discharge. Nevertheless,
based on the information currently contained in his record,
the Board concluded these factors were not sufficient to warrant
recharacterization of his discharge given his misconduct, which
happened during World War II, that resulted in DC, conviction by
three SCM’s, and four CM’s, one of which occurred while on
probation after his last SCM. 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,
\pQems
W. DEAN . FE
Executive D c
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