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
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