DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TRG
Docket No:
22 January 2002
2268-01
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10 of the 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 8 January 2002.
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.
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to
error or injustice.
establijsh the existence of probable material
You enlisted in the Navy on 9 May 1946 at age 17.
shows that during the period 16 July 1947 to 20 May 1948 you
received nonjudicial punishment on three occasions and were
convicted by two summary courts-martial.
unauthorized absence of about four hours,
belonging to another person in the Navy,
slowness in obeying orders,
and bringing unauthorized alcohol aboard the naval station.
Your offenses were an
possession of clothing
sleeping after reveille,
several instances of disobedience,
The record
Another summary court-martial convened on 14 June 1948 and
convicted you of disobedience.
conduct discharge.
suspended on probation until 13 January 1949.
received two nonjudicial punishments for disobedience, insolence
and an unauthorized absence of one day.
terminated on 20 December 1948.
issued on 3 February 1949.
On 31 August 1948, the discharge was
The bad conduct discharge was
The court sentenced you to a bad
Subsequently, you
Your probation was
In its review of your application the Board carefully weighed all
potentially mitigating factors,
education.
The Board also considered the documentation that
such as your youth and limited
indicates that you have been a good citizen for several decades.
However, the Board found that these factors were not sufficient
to warrant recharacterization of your discharge given the
frequency of your misconduct and especially your violation of
probation.
A report from the Federal Bureau of Investigation
shows that in 1959 you were convicted of aggravated robbery and
were sentenced to a prison term.
The Board concluded that the
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
The names and
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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