DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 90152-11
7 July 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.
R 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 Navy Reserve and began a period of active
duty on 19 August 1942. The Board found that on 2 December 1943,
you were convicted by summary court-martial (SCM) of 20 days of
absence over leave (AOL). On 20 April 1944, you were convicted
by a general court-martial (GCM) of 16 days of AOL. You were
sentenced to a reduction in paygrade, three years confinement,
and a dishonorable discharge (DD). However, the convening
authority mitigated your sentence to 15 months of confinement and
a bad conduct discharge (BCD). You were informed that if you
conducted yourself in a manner satisfactory to your command, the
unexecuted portion would be mitigated after five months, and be
held in abeyance upon successful completion of six months
probation, to include the BCD. You were restored to full duty on
29 September 1944. On 6 October 1944, you began a period of AOL,
sn time of war, which lasted over 10 months, ending on
23 August 1945. Subsequently, your probation was terminated,
and the sentenced approved and mitigated on 28 April 1544, was
executed. You received the DD on 27 May 1946 after appellate
review was completed. The Board, in its review of your record
and application, carefully weighed all potentially mitigating
factors, such as your youth and desire to upgrade your discharge.
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
your SCM and GCM convictions of very lengthy periods of AOL
during time of war. Accordingly, your application has been
denied.
With regard to your total active duty service, please be advised
that periods of AOL do not count. If you have any further
concerns regarding your active duty time, please contact, in
writing, the Navy Personnel Command, 5720 Integrity Drive,
Millington, Tennessee, 38055.
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,
lo Pon QD
W. DEAN PFE
Executive Di
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