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NAVY | BCNR | CY2012 | 09131 12
Original file (09131 12.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S$. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

CRS
Docket No: 9131-12
28 April 2014

 

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 18 September 2013. 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. Ce

The Board found that you enlisted in the Navy Reserve on 21
August 1944. You were convicted by a summary court-martial and
a general court-martial of offensés that included two periods of
unauthorized absence totaling 57 days..

On 22 April 1946 a general court-martial convened and found you
guilty of an unauthorized absence of 13 days. The court
sentenced you to confinement for six months, reduction in pay
grade, and a bad conduct discharge (BCD). You were separated
with a BCD on 3 September 1946.
In its review of your application the Board carefully weighed
all potentially mitigating factors, such as your youth, fear of
alleged homosexual harassment, and overall record of service.
The Board concluded that these factors were insufficient to
warrant recharacterization of your service, given the
seriousness of your misconduct, which ultimately resulted in
your discharge. Accordingly, your application has been denied.
The names and votes of the members of the panel will be
furnished upon request.

Concerning your request for the World War II Medal, you should
write the Navy Personnel Command, Pers 312B, Room 354, 1
Archives Drive, St. Louis, MO 63138.

_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,

TT pret 8. Et

ROBERT D. ZSALMAN
Acting Executive Director

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