DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 1422-15
27 March 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States Code, Section 1552. —
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute of
limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
17 March 2015. 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 31
December 1946. You satisfactorily served without disciplinary
incident until 8 duly 1947, when you were convicted by deck
court (DC) of a one day period of unauthorized absence (UA).
During the period from 16 January to 3 June 1950 you received
captain’s mast (CM) on four occasions for not taking any effort
in an inspection, giving a prisoner a cigarette, being out of
uniform, disobedience, unauthorized possession of clothing, and
‘wearing another’s man clothing, torn clothing, nonregulatory
shoes while on watch, and a dirty uniform. On 28 March 1950, you
were also convicted by summary court-martial (SCM) of a seven day
period of UA. On 24 May 1950, you were again convicted by SCM of
two periods of UA totalling 12 days and missing the movement of
your ship. At the latter SCM you were sentenced to a suspended.
bad conduct discharge (BCD) and were advised that continued
misconduct would result in the execution of the BCD. In this
regard, the discharge authority remitted the BCD due to your
continued misconduct. Subsequently, the BCD was approved at all
levels of review and on 6 July 1950, you were so discharged.
The Board, in its review of your record and application,
carefully weighed all potentially mitigating factors, such as
your period of satisfactory service and desire to recharacterize
your discharge. Nevertheless, the Board concluded these factors
were not sufficient toe warrant recharacterization of your
discharge because of the seriousness of your repetitive
misconduct in such a short timeframe, which resulted in several
disciplinary incidents. ‘The Board also noted that you were
sentenced to a BCD at an earlier SCM but it was suspended, thus
giving you the opportunity to earn a better characterization of
service. However, you failed to do so and committed further
offenses and as a result of your continued misconduct, the BCD
was ordered executed. 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
within one year from the date of the Board’s decision. 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,
si ely
- ROBERT J. O'NEILL
Executive Director
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