DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SIN
Docket No: 02844-13
10 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 8 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
25 September 1945. The Board found that on 12 March 1946, you
were convicted by summary court-martial (SCM) of 11 days of
unauthorized absence (UA) that ended with your apprehension. On
18 July 1946, you were convicted by general court-martial (GCM)
of 12 days of UA that also ended with your apprehension, and
breaking restriction. You were sentenced to a reduction in
paygrade, confinement, and bad conduct discharge (BCD). However,
on 17 December 1946, the BCD was held in abeyance and you were
restored to full duty. At that time, you were placed on
probation for six months. On 20 January 1947, you received
nonjudicial punishment (NUP) for being absent from your appointed
place of duty, and the use of disrespectful language. On 28
January 1947, you received deck court (DC) for two periods of UA.
On 25 March 1947, you were convicted by a second GCM of a period
of UA, and breaking restriction. You were sentenced to a
reduction in paygrade, confinement, and a dishonorable discharge
(DD). However, on 28 April 1947, the convening authority
mitigated your DD to a BCD. You received the BCD on
18 August 1947 after appellate review was completed.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your youth, service during World War II, médical issues, 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 all of your misconduct
“that resulted in NUP, SCM, DC, and two GCM convictions of serious
offenses. Finally, the Board noted that you were retained and
placed on probation after your first GCM to give you an
opportunity to earn a better characterization of service, but
continued your misconduct. 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,
We ESD “Fa
ROBERT D. “SALMAN
Acting Executive Director
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