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
NAVY | BCNR | CY1999 | Document scanned on Wed Sep 20 11_21_00 CDT 2000
A three—member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 August 1999. 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. Consequently, when...
NAVY | BCNR | CY1999 | 00095-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 26 May 1999. 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...
NAVY | BCNR | CY1999 | 02684-99
on 2 February 1970 10 April 1970 you 1970 you plead in the county you were processed with this your case July 1970 the Based on your conviction by civil for an administrative discharge. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your period of unauthprized absence and especially your conviction by civil author$ties of theft. Consequently, when applying for a correction of an official naval record, the burden...
NAVY | BCNR | CY1999 | 01501-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 1999. The Board noted that despite the fraudulent entry during your first period of service, you were honorably discharged and recommended for reenlistment. 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.
NAVY | BCNR | CY2001 | 01991-01
materi 1 considered by the Board consisted of your record and applicable statutes, regulations er with all material submitted in support After careful and record, the Board insufficient to es ablish the existence of probable material error or injustice onscientious consideration of the entire ound that the evidence submitted was i You enlisted in th recor age 17. until 5 October been arrested by The On 12 December 194 Naval Personnel o recommended that noted that indivi authority for...
NAVY | BCNR | CY2005 | 05754-05
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 reenlisted in the Navy on 27 November 1957 after more than two years of...
NAVY | BCNR | CY1999 | 01243-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 July 1999. 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. The Board found that these factors and contentions were not sufficient to warrant recharacterization of your discharge given your multiple periods of...
NAVY | BCNR | CY2001 | 04580-01
statement from the American Legion in The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity, support of your case, and your contention that you did not know The Board also that you had received an undesirable discharge. the Board concluded these factors and Concerning your contention of inadequate assistance of counsel, the Board noted that this Sixth Amendment right does not apply...
NAVY | BCNR | CY1999 | 00118-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 May 1999. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies. performance...
NAVY | BCNR | CY1998 | 03990-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 28 July 1999. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...