DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 3454-01
20 September 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 Naval
Records, sitting in executive session, considered your
Your allegations of error and
application on 12 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 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 11 December 1951
at age 17.
The record reflects that you received nonjudicial
The
punishment and were convicted by a special court-martial.
offenses included an unauthorized absence of 29 days, failure to
report for hard labor, possession of clothing of other Sailors,
and theft of clothing from other Sailors.
A second special court-martial convened on 20 August 1953 and
found you guilty of possession of clothing belonging to four
other Sailors.
The court sentenced you to confinement at hard
labor for three months and a 'bad conduct discharge.
Subsequently, on 22 October 1953 you received a second
nonjudicial punishment for writing pornographic literature.
received the bad conduct discharge on 11 December 1953.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge
You
due to the fact that during a period of two years, you were the
Along these lines, the
subject of five disciplinary actions.
Board also noted that your offenses included theft and writing
the Board concluded that no
pornography.
Based on the foregoing,
change to the discharge is warranted. Accordingly, your
The names and votes of the members
application has been denied.
of the panel will be furnished upon request.
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
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