DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S.COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 

Docket No: 1375-17 

AUG 2 B 2018 

Dear 

This is in reference to your application for correction for your next ofkin's naval record pursuant 
to the provisions ofTitle 10, ofthe United States Code, Section 1552. After careful and 
conscientious consideration of the entire record, the Board found the evidence submitted was 
insufficient to establish the existence ofprobable material error or injustice. Consequently, your 
application has been denied. 

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 threemember 
panel ofthe Board for Correction ofNaval Records, sitting in executive session, 
considered your application on 8 May2018. 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 ofthis 
Board. Documentary material considered by the Board consisted ofyour application, together 
with all material submitted in support thereof, relevant portions of his naval record and 
applicable statutes, regulations and policies. 

Your next ofkin enlisted in the Navy and began a period ofactive duty on 17 November 1942. 
During the period from 1 January to 27 April 1945, he received three Captain's Mast for sleeping 
in an unauthorized place, without authority, moved smoking pots, disobedience, and being 
intoxicated while on duty. On 3 July 1945, he was convicted by general court-martial (GCM) of 
three specifications oflarceny. He was sentenced to a reduction in paygrade, confinement and a 
dishonorable discharge (DD). However, on 7 July 1945, the convening authority mitigated your 
DD to a bad conduct discharge (BCD) and reduced his period ofconfinement. On 25 August 
1945, he received a fourth Captain's Mast for missing muster. He received a BCD on 22 May 
1946. 

The Board in its review ofyour next of kin's entire record and your application, carefully 
considered your desire to change your next ofkin's discharge to honorable and your assertion 
that the discharge is incorrect. The Board concluded this factor were riot sufficient to warrant a 
change to his discharge given his misconduct, which resulted in four Captain's Mast and GCM 
conviction. You also state that his birthdate is incorrect based on a copy of your birth certificate 
provided with your application. Please be advised that the copy ofyour birth certificate provided 
was found to be illegible; without a certified original or copy ofyour birth certificate the Board 
was unable to validate and recommend change. Additionally, the Board reviewed his record and 
found that your birthdate throughout your official service record reads 25 January 1926. 

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 ofnew and material 
evidence or other matter not previously considered by the Board. In this regard, it is important to 
keep in inind that a presumption ofregularity attaches to all official records. Consequently, 
when applying for a correction ofan official naval record, the burden is on the applicant to 
demonstrate the existence ofprobable material error or injustice. 

Sincerely, 


Executive Director