DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
BJG
Docket No: 6036-13
4 June 2014
This is in reference to your application for correction of your
late father’s 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 3 June 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 father’s 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.
Your father enlisted in the Navy and entered active duty on 22
December 1942. He received deck courts on two occasions and was
convicted by two summary courts-martial (SCM). His offenses
included five periods of unauthorized absence (UA) totaling 222
days. The sentence at his second SCM included a bad conduct
discharge (BCD). He received the BCD on 2 June 1945 after
appellate review.
The Board, in its review of your father’s entire record,
carefully considered all potential mitigation, such as his youth
and World War II service. Nevertheless, the Board concluded
that these factors were not sufficient to warrant upgrading his
discharge because of his lengthy periods of UA during war time.
In view of the above, 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 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,
(Set
ROBERT D. ZSALMAN
Acting Executive Director
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