Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 01991-01
Original file (01991-01.pdf) Auto-classification: Denied
$0

DEPARTMENT OF THE NAVY

ARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

ELP
Docket No. 1991-01
8 August 2001

States Code,

to your application for correction of your
to the provisions of Title 10, United

executi e session, considered your application on
r allegations of error and injustice were
nce with administrative regulations and
le to the proceedings of this Board.

A three-member pan 1 of the Board for Correction of Navy Records,
sitting in 
1 August 2001.
reviewed in
procedures
Documentary 
application,
thereof, your nava
and policies.

materi 1 considered by the Board consisted of your
record and applicable statutes, regulations

er with all material submitted in support

After careful and
record, the Board
insufficient to es ablish the existence of probable material
error or injustice

onscientious consideration of the entire
ound that the evidence submitted was

i

You enlisted in th
recor
age 17.
until 5 October
been arrested by

The 

On 12 December 194
Naval Personnel o
recommended that
noted that indivi
authority for 12
Naval Personnel
reason of 
discharged on 5

convic

Navy on 12 December 1945 for two years at
reflects that you served without incident
when the shore patrol reported that you had
civil authorities and charged with armed
er 1946 you were convicted by civil
egree robbery and were committed to the
Institution to serve under the state youth

Further facts and circumstances

re not on file in the record.

the commanding officer advised the Chief of
our conviction and incarceration, and
be discharged from the  

,naval service. He

als were usually confined by the youth

On 6 January 1947 the Chief of

14 months.

ected that you be discharged as undesirable by
n by civil authorities.
ruary 1947.

You were so

a

In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, good post-service conduct, and the fact that
The
it has been more than 54 years since you were discharged.
Board noted your contentions that you were in a local bar when a
robbery occurred, the police put everyone in the bar in jail, you
were never given a chance to assert your innocence, and you were
not afforded any kind of legal representation.
concluded that the foregoing factors were insufficient to warrant
the serious nature of
recharacterization of your discharge given
Your contentions are neither supported by
your civil conviction.
the evidence of record nor by any evidence submitted in support
of your application.
The
only upon yourself, but also on the Navy and your peers.
Board concluded that the discharge was proper and no change is
Accordingly, your application has been denied. The
warranted.
names and votes of the members of the panel will be furnished
upon request.

Your conviction brought great discredit not

The Board

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

2



Similar Decisions

  • NAVY | BCNR | CY2001 | 03292-01

    Original file (03292-01.pdf) Auto-classification: Denied

    3292-01 27 August 2001 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. considered your application on Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 22 August 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. (NJP) for...

  • NAVY | BCNR | CY2007 | 09442-07

    Original file (09442-07.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 1 July 2008. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2012 | 00736-12

    Original file (00736-12.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 23 October 2012. 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. On 28 November 1967 the discharge authority approved this recommendation and directed your commanding officer to issue you an...

  • NAVY | BCNR | CY2001 | 04580-01

    Original file (04580-01.pdf) Auto-classification: Denied

    statement from the American Legion in The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and immaturity, support of your case, and your contention that you did not know The Board also that you had received an undesirable discharge. the Board concluded these factors and Concerning your contention of inadequate assistance of counsel, the Board noted that this Sixth Amendment right does not apply...

  • NAVY | BCNR | CY2007 | 05059-07

    Original file (05059-07.rtf) Auto-classification: Denied

    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 reenlisted in the Navy on 6 March 1964 after more than three years of...

  • NAVY | BCNR | CY2007 | 03411-07

    Original file (03411-07.rtf) Auto-classification: Denied

    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.You enlisted in the Navy on 20 November 1950 at age 18. After review, the discharge authority...

  • NAVY | BCNR | CY2005 | 01537-05

    Original file (01537-05.rtf) Auto-classification: Denied

    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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Naval Reserve on 12 March 1970 at age 18. In addition, you were awaiting trial in...

  • NAVY | BCNR | CY2002 | 01223-02

    Original file (01223-02.pdf) Auto-classification: Denied

    Your allegations of error and injustice were A three-member panel of the Board for Correction of Navy Records, sitting in executive session, 22 May 2002. 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. foregoing factors and...

  • NAVY | BCNR | CY2001 | 00360-01

    Original file (00360-01.pdf) Auto-classification: Denied

    evidence in available medical records that you were referred for psychiatric evaluation. On 26 August 1980 the Naval Discharge Review Board (NDRB) denied your request for recharacterization of your discharge. The Board concluded that the foregoing factors and contentions were insufficient to warrant recharacterization of your discharge given your record of four NJPs and the serious nature of the charges of which you were convicted by civil authorities.

  • NAVY | BCNR | CY2002 | 03152-01

    Original file (03152-01.pdf) Auto-classification: Denied

    your application, thereof, your naval record, and policies. Documentary material considered by the Board consisted of together with all material submitted in support and applicable statutes, regulations, A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 12 February 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this After careful and...