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NAVY | BCNR | CY2001 | 07983-99
Original file (07983-99.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 203704100

CRS
Docket No: 7983-99
14 June 2000

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 6 June 2000.
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.
your application, together with all material submitted in support
thereof, your 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.

Your record contains a birth certificate and

The Board found that you enlisted in the Marine Corps Reserve on
4 February 1953.
your parent's confirmation that you were   17 at the time of
enlistment.
conduct discharge, you were convicted by three summary  
martial.
23 days, breaking restriction,
identification card.

courts-
The offenses included unauthorized absences totalling

Prior to the offenses for which you received the bad

and possession of a false

A special court-martial convened on 23 May 1955 and found you
guilty of unauthorized absences totalling 25 days and failure to
obey a lawful order on two occasions.
confinement at hard labor for six months, forfeitures of $63 per
month for six months,
the bad conduct discharge on 21 October 1955.

and a bad conduct discharge.

The court sentenced you to

You received

In its review of your application the Board carefully weighed all
such as your contention that you
potentially mitigating factors,

In support of this contention, you submitted a

were 16 when you enlisted and could not be court-martialed at
this age.
recently received birth certificate that showed your age at
However, these factors were not
enlistment would have been 16.
sufficient to warrant recharacterization of your discharge, given
your four 
believe the birth certificate in your record that was confirmed
by your parents.
Accordingly, your application has been denied.
The names and votes of the members of the panel will be furnished
upon request.

disciplinqry  actions.

Further, the Board chose to

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

Copy to: Mr. Richard K. White

2



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