Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 06992-01
Original file (06992-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

CRS
Docket No: 6992-01
27 December 2001

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
application on 18 December 2001.
Your allegations of error and
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
applica'ble statutes, regulations
thereof, your naval record and 
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 Marine Corps on 22
January 1947 after more than seven months of prior active service
in the Army.
The record reflects that you received nonjudicial
punishment on 4 August 1948 for disobedience of a lawful order.
Subsequently, on 27 July 1949 you were convicted by civil
authorities of grand larceny, forgery, and uttering.
sentenced you to confinement for 18 months and a $5 fine.
On 10 August 1949 the commanding officer recommended that you be
discharage by reason of misconduct
separated with an undesirable 
based on the civil conviction.
authority, the recommendation for separation was approved and you
received an undesirable discharge on 2 September 1949.
In its review of your application the Board carefully weighed all
potentially mitigating factors,
immaturity.
the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge,
given the seriousness of the civil conviction and your

After review by the discharge

The court

However,

such as your youth and

Accordingly, your application has been
The names and votes of the members of the panel will be

nonjudicial punishment.
denied.
furnished upon request.
It is regretted that the circumstances of your case are such that
favorable action cannot be taken.
You are entitled to have 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.

Sincerely,

W. DEAN PFEIFFER
Executive Director



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 | CY2001 | 01622-01

    Original file (01622-01.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session., considered your application on 26 September 2001. 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...

  • NAVY | BCNR | CY2004 | 01187-04

    Original file (01187-04.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 materialThe Board found that you enlisted in the Navy on 29 May 1946 at age 18. On 1 October 1948 you were convicted by deck...

  • NAVY | BCNR | CY2003 | 01453-03

    Original file (01453-03.pdf) Auto-classification: Denied

    About a year later, on 6 October 1950, you received captain's mast (CM) for drunkenness and not having an identification or liberty card. On 9 October 1952 the recommendation was approved, and you received the undesirable discharge on 22 October 1952. 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.

  • NAVY | BCNR | CY2001 | 04713-01

    Original file (04713-01.pdf) Auto-classification: Denied

    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 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,...

  • NAVY | BCNR | CY2008 | 07187-08

    Original file (07187-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 January 2009. 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 | CY2008 | 00213-08

    Original file (00213-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 19 August 2008. your allegations of error and 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...

  • NAVY | BCNR | CY2002 | 06601-00

    Original file (06601-00.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 April 2001. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Documentary material considered by the Board consisted of Board. On 1 December 1953 he pled guilty to issuing On 27 August The court sentenced him to confinement The court deferred On 26 February 1954 a board of officers...

  • NAVY | BCNR | CY2001 | 02531-01

    Original file (02531-01.pdf) Auto-classification: Denied

    2531-01 15 October 2001 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, 11 October 2001. reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. Your offenses...

  • 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...