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

Docket No: 2248-18                
Ref: Signature Date 


This is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.  
    
Although you did not file your application 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 13 May 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

You enlisted in the Navy and began a period of active duty on 24 January 1954.  On 3 February 1953, you were convicted by a summary court-martial (SCM) of 14 days of unauthorized absence (UA).  On 21 February 1955, you were convicted by a general court-martial (GCM) of two instances of arson.  You were sentenced to a forfeiture of pay, a reduction in paygrade, confinement at hard labor, and a dishonorable discharge (DD).  On 5 February 1956, you waived your right to request restoration to full duty.  You stated, “I do not request restoration, not because I am incapable, but rather because taking into consideration my type of offense and the explications that would be brought about if I would request restoration.  I think that is only fair to myself and the board, in being truthful and ask for immediate release so that I may go work and attend college as planned.  I understand that this request will become part of my permanent official record service.” You received your DD on 22 August 1956. 

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, including your record of service, your post-service accomplishments, and desire to have your discharge upgraded.  The Board also reviewed your contention that you were stationed at a firehouse at                     and had viewed a training film depicting a live fire drill, and your crew boss decided to conduct two such drills. The fires were set outside of building rather than inside and were essentially put out before they really got going, the rest of the circumstances surrounding the incident, that you are 83 years old, and have carried the weight of your poor decision for more than 60 years. 

The Board also considered your contentions that the day before your arrest; you were informed that you had passed the third-class petty officer exam.  You served in combat during the                 , neither of which were mentioned during your court-martial and you wondered if your sentence would have been different if these factors were addressed.  You also explained that while your crew boss pleaded guilty, he was sent back to duty, while the other accused were dishonorably discharged.  The Board found that these factors and assertions were not sufficient to warrant recharacterization of your discharge given your misconduct, which resulted in your SCM, conviction by GCM of very serious offenses, and the fact that you waived your right to request restoration to full duty.
 
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 matters. New matters are those not previously presented to or 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. 

6/28/2019 

Executive Director