DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
“ARLINGTON, VA 22204-2490
TAL ;
Docket No: 3300-13.
26 February 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 12 February 2014. 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 reenlisted in the Navy on 17 December 1947 after more than
three years of prior honorable service. On-7 May 1948, you
received nonjudicial punishment (NJP) for unauthorized absence
(UA) from your unit for a period of three days. On 17 May 1948,
-you were convicted at a deck court (DC) of UA from your unit for.
a period of one day and 11 hours, willfully disobeying a lawful ©
-. order from your commanding officer and missing ship’s movement.
On 8 July 1948, you were convicted by summary court-martial
(SCM) of UA from your unit for a period of four days and: missing
‘ship's movement. The sentence imposed was confinement anda .
“forfeiture of pay. On 31. duly 1948, you were. again. convicted. by
SCM of breaking arrest. The sentence’ imposed was a. bad conduct
‘discharge (BCD). The. convening authority suspended the BCD. for
six months. On 11 and 27 September 1948, you received NUP for
‘two instances of UA from your unit and breaking arrest. The
convening authority vacated the suspended BCD. On 29 October |
1948 you were so ) discharged after appellate review.
. The Board, in its review of your application, carefully weighed
all potentiaily mitigating factors, such as your prior honorable
service. Nevertheless, the Board found that these factors were
not. sufficient to warrant recharacterization of your discharge
given the seriousness of your misconduct that resulted in three
NJPs and one DC and two SCM’s -Finally, although the BCD was
suspended for six months, on 29 October 1948 this suspension was
vacated due to your continued: misconduct. Accordingly,. 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 ot 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,
TRAD, &
Re
a ROBERT D.“ZSALMAN
> Acting. Executive Director
NAVY | BCNR | CY2010 | 08241-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 April 2011. 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. On 25 November 1950, you were again convicted by SPCM of UA from your unit for a period of three days and sentenced to 30 days confinement, a...
NAVY | BCNR | CY2009 | 11249-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 July 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 05868-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 February 2002. 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. Consequently,...
NAVY | BCNR | CY2008 | 00153-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 November 2008. On 13 March 1967 you submitted a written request for immediate execution of the BCD. 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.
NAVY | BCNR | CY2010 | 03003-10
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. A year later, on 28 November 1969, you were convicted by SPCM of a 268 day period of UA. On 2 March 1970 you submitted a written request for remission of the BCD and to be issued a general discharge.
NAVY | BCNR | CY2001 | 03835-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 November 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. On 16 November 1982 you were convicted by summary court-martial (SCM) of a 15 day period of UA, absence from your appointed place paygrade E-l, a $500 of duty,...
NAVY | BCNR | CY2009 | 04679-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 March 2010. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 01178-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2008 | 01178-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2002 | 02379-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 8 October 2002. 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. January 1981 you...