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NAVY | BCNR | CY1998 | 05722-98
Original file (05722-98.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 NAW ANNEX 

WASHINGTON DC  20370-5100 

CRS 
Docket NO:  5722-98 
28 June 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 23 June 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 23 January 1946 
at age 18.  A general court-martial convened on 9 January 1948 
and found you guilty of railure to exert your best effort to 
detect, apprehend, and bring to punishment certain individuals 
who broke into a ship's  armory and stole government property. 
The court sentenced you to confinement for one year, reduction in 
rank, and a dishonorable discharge.  On 6 April 1948 the 
Secretary of the Navy mitigated the dishonorable discharge to a 
bad conduct discharge.  Subsequently, on 28 April 1948 you 
received nonjudicial punishment for having had sewn patches on 
your uniform.  You received the bad conduct discharge on 5 May 
1948. 

In its review of your application the Board carefully weighed all 
potentially mitigating factors, such as your youth and 
immaturity.  However, the Board concluded that these factors were 
not sufficient to warrant recharacterization of your discharge 
due to your two disciplinary actions, one of which was 
sufficiently serious to warrant a general court-martial.  Based 

on the foregoing, 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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