DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S, COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BUG
Docket No: 6634-11
20 March 2012
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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 20 March 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 naval record and applicable statutes,
regulations and policies.
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
You enlisted in the Navy and entered active duty on 21 February
1941. You have a six day period of unauthorized absence (UA)
for which no disciplinary action was taken. On 10 July 1944,
you were convicted by a general court-martial (GCM) of a 28 day
period of UA and missing the movement of your ship. Your
sentence included a dishonorable discharge, but it was mitigated
to a bad conduct discharge (BCD), which was suspended for six
months. You then received a captain’s mast for a four day
period of UA, and the BCD was ordered to be executed. On 22
March 1945, after appellate review, you received the BCD.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, World
War II combat service, remorse, and post service good conduct.
However, the Board concluded that your BCD should not be changed
due to your captain’s mast and GCM conviction of serious
misconduct. The Board particularly noted that your BCD was
suspended for six months, but was ordered executed after further
misconduct. Finally, you are advised that no discharge is
upgraded due merely to the passage of time or post service good
conduct. In view of the above, 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,
5 ise
W. oN
Executive D cto
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