DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No:
3 September 1999
3747—98
Deart~1J$
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.
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 offenses included an unauthorized
The Board found that you enlisted in the Navy on 9 February 1946
at age 17.
nonjudicial punishments.
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.
convicted by civil authorities of assault with force to do great
bodily harm.
You were sentenced to confinement for six months.
Subsequently, on 29 October 1947 you were
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.
discharge authority, the recommendation was approved and you were
separated with an undesirable discharge on 30 December 1947.
After review by’the
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.
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.
names and votes of the members of the panel will be furnished
upon request.
Accordingly, your application has been denied.
Additionally,
The
It is regretted that the circumstances of your case are such that
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.
You are entitled to have the
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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