DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAAVY ANNEX
WASHINGTON DC 20370-5100

SJN
									    Docket No: 00137-07 
									    26 December 2007

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 December 2007. 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 on 17 June 1943 at age 18. On 11 September 1943, you received captain’s mast (CM) for intoxication and bringing wine on station. On 15 October 1943 and 11 July 1944, you were convicted by deck court (DC) of a eight-day period of unauthorized absence (UA), not having a 50 mile pass, and failure to report for duty. On 28 November 1944, you received a second CM for disorderly conduct and being out of uniform. On 15 December 1944, you were convicted by summary court-martial (SCM) of a three-day period of UA. You were sentenced to a forfeiture of pay, extra duty, and a bad conduct discharge (BCD). You received the BCD after appellate review was completed.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, overall record of service, and post service accomplishments. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given your record of two CM’s, two DC’s, and conviction by SCM. 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 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,

W. DEAN PFEIFFER
Executive Director