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NAVY | BCNR | CY1998 | 03747-98
Original file (03747-98.pdf) Auto-classification: Denied
D E P A R T M E N T  O F  T H E  N A V Y  
BOARD FOR CORRECTION OF NAVAL RECORDS 

2 NAVY ANNEX 

WASHINGTON DC  20370-5100 

CRS 
Docket No:  3747-98 
3 September 1999 

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. 

A three-member panel of the Board for Correction of Naval 
Records, sitting in executive session, considered your 
application on 25 August 1999.  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 that the evidence submitted was 
insufficient to establish the existence of probable material 
error or injustice. 

The Board found that you enlisted in the Navy on 9 February 1946 
at age 17.  Your record reflects that you received two 
nonjudicial punishments.  The offenses included an unauthorized 
absence of a day; absence from your appointed place of duty; and 
possession of three identification cards, one of which had a 
false date of birth.  Subsequently, on 29 October 1947 you were 
convicted by civil authorities of assault with force to do great 
bodily harm.  You were sentenced to confinement for six months. 

On 21 November 1947 the commanding officer recommended that you 
be separated with an undesirable discharge by  reason of 
misconduct based on the civil conviction.  After review by-the 
discharge authority, the recommendation was approved and you were 
separated with an undesirable discharge on 3 0  December 1947. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth and 
immaturity, limited education and the contention that you were 
wrongfully arrested.  However, the Board concluded that these 

factors were not sufficient to warrant recharacterization of your 
discharge, given the seriousness of the offense.  ~dditionally, 
you have provided no evidence to support the contention that you 
were wrongfully arrested and, even if you had such evidence, it 
would be more appropriate to present it to the civil authorities. 
Therefore, the Board concluded that no change to the discharge is 
warranted.  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 



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