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NAVY | BCNR | CY2001 | 02180-01
Original file (02180-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE   NAV Y

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

S

WASHINGTON DC 2037.0-510

0

CR S
Docket No:   2180-01
27 November 2001

panel.of the Board for Correction of Naval

Your allegations of error and

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 
Records, sitting in executive session, considered your
application on 20 November 2001.
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 25 January 1960
at age 18.
convicted by a special court-martial of an unauthorized absence
Subsequently,
of eight days and failure to obey a lawful order.
on 5 August 1961 you were convicted by civil authorities of
interstate transportation of a stolen vehicle.
sentenced you to confinement for five years.
On 8 January 1962 the commanding officer recommended that you be
separated with an undesirable discharge by reason of misconduct
based on the civil conviction.
recommendation, you elected to waive your right to present your
After review by the
case to an administrative discharge board.
discharge authority, the recommendation for separation was
approved and you were discharged with an undesirable discharge on
8 February 1962.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and

The record reflects that on 2 May 1961 you were

When informed of the

The court

The names and votes'of the members

However, the Board concluded that these factors were
Accordingly, your

immaturity.
not sufficient to warrant recharacterization of your discharge,
given the seriousness of the civil conviction.
application has been denied.
of the panel will be furnished upon request.
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



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