DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 6637-12
4 October 2012
This ig 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 October 2012. 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 11 April 1940 at age 18 and served
without disciplinary incident until 18 August 1941, when you
received captain’s mast (CM) for being absent without leave.
During the period from 6 February to 23 November 1942 you
received CM on three more occasions for being absent without
leave, late for muster, and misbehavior in a motor launch
underway. On 24 October 1944 you received your fifth CM for
disobedience.
Your record reflects that in June 1945 you stole an automobile,
robbed a bus driver, and held up a gas station. As a result, on
4 Bugust 1945, you were convicted by civil authorities of theft
of an automobile and robbery, and sentenced to an undetermined
period of confinement.
In October 1945, while in the custody of civil authorities, you
were processed for an administrative separation by reason of
misconduct due to civil conviction. Presumably, after waiving
your procedural rights your commanding officer recommended an
undesirable discharge by reason of misconduct due to conviction
by civil authorities. On 19 October 1945 the discharge authority
approved this recommendation and directed your commanding officer
to issue you an undesirable discharge by reason of misconduct,
and on 1 November 1945, you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, service in combat, desire to upgrade your discharge,
and explanation for your misconduct in the civilian community.
The Board also considered your post service conduct and the
passage of time. Nevertheless, the Board concluded these factors
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your misconduct in the
military community which resulted five CMs and in a conviction by
civil authorities. Finally, no discharge is automatically
upgraded due solely to an individual’s good post service conduct
or the passage of time. 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 ;
\o. Deaf
Executive Di
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