DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
   
Docket No: 0911-19               
Date: Ref Signature 

This is in reference to your application of 29 November 2018 for correction of your father               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 that the evidence submitted was insufficient to establish the existence of probable 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 three-member panel of the Board, sitting in executive session, considered your application on 22 January 2020.  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, and applicable statutes, regulations, and policies.
 
Mr.           enlisted in the Marine Corps and began a period of active service on 16 March 1942.  On 9 June 1942, he was convicted at a summary court-martial (SCM) for unauthorized absence (UA).  Mr.        was convicted at a second SCM on 2 November 1942, for two specification of UA, and breaking restriction.  He was sentenced to a bad conduct discharge (BCD) to be remitted upon completion of six months’ probation.  On 3 August 1945,                was convicted at a general court-martial (GCM) for involuntary manslaughter. He was sentenced to reduction in rank, confinement, and a BCD.  On 17 August 1945,                     ’s GCM sentence was approved by the convening authority, a portion of the sentence (BCD and confinement) was to be remitted upon completion of six months’ probation.  On 19 February 1946, upon completion of his term of service, Mr.              was discharged under honorable conditions. 

The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade Mr.            ’s discharge and contention Mr.            ’s sentence was held in abeyance with a view to withhold the execution entirely.  You provided evidence, which you state shows Mr.           ’s discharge was honorable.  The Board noted Mr.           ’s GCM conviction was held in abeyance and his BCD was not executed.  The Board determined at the time of his discharge, Mr.          was issued the appropriate characterization of service based on his service record.  

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 the submission of new matters, which will require you to complete and submit a new DD Form 149.  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. 

Sincerely, 


2/8/2020