DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNE
WASHINGTON DC 20370-510
X
0
ELP
Docket No. 2898-01
7 December 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.
A three-member panel of the Board for Correction of Navy Records,
sitting in executive session,
4 December 2001.
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 injustice were
considered your application on
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 Marine Corps for three years on 23 August
1954 at age 18.
The record reflects that on 22 October 1954,
Headquarters, Marine Corps requested information from the U.S.
Marshal in Anchorage, AK regarding your arrests on 4 May 1953 and
19 April 1954 for larceny and burglary, and receiving and
concealing stolen property.
had pled guilty and were sentenced to five years of probation.
The U.S. Marshall responded that you
the Commandant of the Marine (CMC) advised
On 29 November 1954,
the Marine Corps Recruit Depot that you had procured your
enlistment through fraudulent means by failing to disclose a
service civil arrest record.
you were being processed for discharge by reason of misconduct
due to a fraudulent enlistment.
On 3 January 1955, the commanding
statement in your own behalf.
A board
officer recommended discharge by reason of misconduct.
of officers convened on 20 January 1955 and recommended that you
be separated with an undesirable discharge by reason of
You declined to submit a
Thereafter, you were notified that
pre-
The Board concluded that the
A current FBI report obtained by the Board
In its review of your application the Board carefully weighed all
potentially mitigating factors such as your youth and immaturity,
limited education, and the fact that it has been more than 46
years since you were discharged.
foregoing factors were insufficient to warrant recharacterization
of your discharge given your failure to disclose your pre-service
police record.
continues to show that you were arrested in 1953 for robbery and
burglary, and in 1954 for receiving and concealing stolen
property.
conduct has been marred by convictions for robbery, trespass,
driving while intoxicated, rape, petty larceny, drunkenness, and
forgery.
fingerprint comparison made by the FBI which indicated that you
had arrested on two different occasions prior to enlistment, the
Board concluded that there was no merit in the argument that your
undesirable discharge was erroneous because another individual's
record being erroneously submitted.
discharge was proper and no change is warranted.
your application has been denied. The names and votes of the
members of the panel will be furnished upon request.
Since your discharge was based on the results of a
The FBI report also shows that your post-service
The Board concluded that the
Accordingly,
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
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.
You are entitled to have
.
Sincerely,
W. DEAN PFEIFFER
Executive Director
3
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