DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORPS
701 5. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 02672-13
2 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 1 April 2014. 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 and began a period of active duty on
28 November 1942. The Board found that on 24 June 1944, you were
convicted by deck court (DC) of seven days unauthorized absence
(UA) and missing ship’s movement. On 4 October 1945, you were
convicted by general court-martial (GCM) of 29 days of UA that
ended with your apprehension. You were sentenced to a reduction
in paygrade, confinement, and a bad conduct discharge (BCD).
However, on 28 January 1946, you were released from confinement
and returned to full duty. You were placed on six months
probation, which required that your conduct continued to remain
Satisfactory. On 12 March 1946, you were convicted by DC of 27
hours of UA and sentenced to a period of confinement. On 16 July
1946, you received nonjudicial punishment (NJP)} for nine days of
UA that ended in your apprehension. Subsequently, your probation
‘was terminated and you had to serve the unexecuted portion of
your GCM sentence. You received the BCD on 24 October 1946 after
appellate review was completed.
The Board, in its review of your record and application,
carefully weighed ail potentially mitigating factors, such as
your youth, service during World War II, and desire to upgrade
your discharge. Nevertheless, based on the information currently
contained in your record, the Board concluded these factors were
not sufficient to warrant recharacterization of your discharge
given your two DC's, NUP, GCM conviction, and fact that you were
given an opportynity for retention and to earn a better
characterization of service when-you were placed on probation
; “after your GCM. 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,
TR BQ FR
ROBERT D. ZSALMAN
Acting Executive Director
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