OF THE NAV Y
DEPARTMENT
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
2 June 1999
8615-98
Dear
This is in reference to your
naval record pursuant to the
States Code, Section 1552.
application for correction of your
provisions of Title 10, United
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 May 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.
Your allegations of error and,
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.
Your record reflects that you received two
The Board found that you enlisted in the Navy on 6 January 1956
at age 18.
nonjudicial punishments.
absence of three days and failure to obey a lawful order.
Subsequently, on 9 February 1957 you were convicted by civil
authorities of second degree burglary and released to the Navy.
The offenses included an unauthorized
On 5 February 1957 the commanding officer recommended that you be
separated with an undesirable discharge by reason of unfitness
based on the civil conviction.
After review by the discharge
authority, the recommendation was approved and you were separated
with an undesirable discharge on 19 April 1957.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
immaturity.
not sufficient to warrant recharacterization of your discharge,
g,iven the seriousness of your civil offense.
Therefore, the
Board concluded that no change to the discharge is warranted.
However, the Board concluded that these factors were
such as your youth and
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable action cannot be taken.
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
copy to: Mr. Robert M. Thomas
2
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