DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS .
Docket No: 5722-98
28 June 1999
Dear qa:
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 failure 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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