DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TOR
Docket No: 1627-11
8 November 2011
ig ad
e
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 2 November 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 on 14 March 1944 at age i7 and served
for a year and four months without disciplinary incident.
However, on 12 July 1945, you received captain’s mast (CM) for
disobedience, fighting, and drunkenness.
During the period from 24 January to 6 November 1946 you received
CM on two more occasions for disorderly conduct and failure to
obey a lawful order. You were also convicted by summary court~
martial (SCM) on two occasions of a 13 day period of unauthorized
absence (UA), breaking restriction,. and absence from your
appointed place of duty.
On 6 January 1947 you were convicted by SCM of absence from your
appointed place of duty and being intoxicated. You were
sentenced to a bad conduct discharge (BCD). Subsequently, the
BCD was approved at all levels of review, and on 28 March 1947,
you were issued a BCD.
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 your discharge. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your repetitive
misconduct which resulted in six disciplinary actions.
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,
La Duns
W. DEAN PFET
Executive Diréctor
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