DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 2922-01
20 September 2001
Dear
This is in reference to your application for correction of your
late husband's 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 18 September 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 late husband's 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
The Board found your husband reenlisted in the Navy on 30 October
1947 after six months of prior honorable service.
reflects that on 31 January 1948, he was convicted by summary
court-martial (SCM) of the theft of a wallet containing $48. He
was sentenced to extra duty for three months, a $240 forfeiture
of pay, and a bad conduct discharge (BCD).
was approved at all levels of review,
husband was so discharged.
and on 10 March 1948 your
His record
Subsequently, the BCD
The Board, in its review of your late husband's entire record and
your application, carefully weighed all potentially mitigating
factors, such as his prior honorable service.
However, these
factors were not sufficient to warrant recharacterization of his
discharge because of the serious nature of his misconduct.
the circumstances of your husband's case, the Board concluded his
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
Given
The names and votes of the members 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
2
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