DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1307-02
19 December 2002
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 11 December 2002.
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 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 20 May
1948.
Subsequently, the commanding officer recommended that you
be separated with an undesirable discharge by reason of
misconduct due to fraudulent enlistment.
This action was based
on your concealment of pre-service civil convictions of window
peeping and larceny.
When informed of this action, you elected
to waive the right to submit a statement in response to the
discharge action.
After review by the discharge authority, the
recommendation for separation was approved and on 7 September
1948 you received an undesirable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity.
However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge in
view of your concealment of serious pre-service civil
involvement.
The
names and votes of the members of the panel will be furnished
upon request.
Accordingly, your application has been denied.
-6% is regretted that the circumstances of your case are such that
You are entitled to have the
iivorable 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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