DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No:
3 October 2002
2684-02
This is in reference to your application for correction of your
naval
United States Code section 1552.
record pursuant to the provisions of Title 10 of the
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 2 October 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof,
your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
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 enlisted in the Navy on 13 September
1948 for three years at age 17. At that time, you had completed
10 years of education and attained test score which placed you
in Mental Group II.
(NJP) for shirking duty.
You served without incident until 6 July 1949 when you received
nonjudicial punishment
imposed was confinement for three days on bread and water. On
27 September 1949 you received NJP for inattention to duty and
the punishment imposed was ten hours extra duty.
1949 you received NJP for failure to be at your appointed place
of duty and the punishment imposed was 15 hours extra
30 December 1949 you received NJP for failure to be at your
appointed place of duty and the punishment imposed was 15 hours
extra duty.
On 9 January 1950 you
receieved NJP for failure to
The punishment
On 14 December
duty: On
be at your appointed place of duty and the punishment imposed
was 10 hours of extra duty.
NJP for failure to be at your appointed place of duty and the
punishment imposed was 30 hours extra duty.
On 14 February 1950 you received
Your record further reflects that on 23 February 1950 you were
convicted by a summary court-martial of theft and sentenced to
two months of extra police duties and a bad conduct discharge.
On 27 February 1950 the convening authority approved the
adjudged sentence but remitted the two months of extra police
duties.
Navy, you were so discharged.
On 3 April 1950, upon approval of the Secretary of the
However, the Board concluded that your conviction of
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth and
immaturity, and that you believe that your sentence was too
severe.
theft clearly warranted the punishment, which the court-martial
imposed.
including six
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
Additionally, your prior record of misconduct,
NJP's, showed your total disregard for authority.
The names and
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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