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NAVY | BCNR | CY1999 | 00095-99
Original file (00095-99.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:  95-99 
27 May 1999 

Dear -: 

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 26 May 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 Marine Corps on 5 
September 1957 at age 17.  Your record reflects that you received 
four nonjudicial punishments and were convicted by a summary 
court-martial and a special court-martial.  The offenses included 
an unauthorized absence of a day, stealing military pay 
certificates valued at $42, failure to obey a lawful order on 
three occasions, and absence from your appointed place of duty. 
Subsequently, on 19 April 1960 you were convicted by civil 
authorities of forging an identification card and a liberty card 
and altering a military discharge certificate.  You were 
sentenced to confinement from four months to four years. 

On 31 May 1960 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 20 June 1960. 

In its review of your application the Board carefully weighed all 

potentially  mitigating  factors, such as your youth and immaturity 
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 offenses.  Additionally,  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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