DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 2439-02
15 August 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 14 August 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 establish the existence of probable material
error or injustice.
The Board found that you reenlisted in the Navy on 13 August 1964
after more than three years of prior active service.
reflects that on 20 June 1967 you were convicted by civil
authorities of voluntary manslaughter.
to confinement for four years.
The court sentenced you
The record
On 6 September 1967 the commanding officer recommended that you
be separated with an undesirable discharge by reason of
misconduct based on the civil conviction.
this recommendation, you elected not to contest the separation
action.
recommendation for separation was approved and you received an
undesirable discharge on 13 November 1967.
After review by the discharge authority, the
Upon being advised of
In its review of your application the Board carefully weighed all
such as your youth and immaturity
potentially mitigating factors,
However, the
and the fact that
Board concluded that these factors were not sufficient to Warrant
recharacterization of your discharge,
you have been granted a pardon.
given the seriousness of
In this regard, the action of a state in
the civil conviction.
granting a pardon does not mandate recharacterization of a
discharge that resulted from the conviction at issue, since the
conviction was valid at the time.
has been denied.
will be furnished upon request.
Accordingly, your application
The names and votes of the members of the panel
It is regretted that the circumstances of your case are such that
You are entitled to have the
favorable 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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