DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No:
1 February 2002
2937-01
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 30 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 establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 9
October 1952 at age 18.
December 1954 and found you guilty of committing an indecent,
lewd, and lascivious act on 10 July 1954 and sodomy on 4
The court sentenced you to confinement for two
September 1954.
years, reduction in rank, forfeiture of all pay and allowances,
and a dishonorable discharge on 11 May 1956.
A general court-martial convened on 16
In its review of your application the Board carefully weighed all
potentially mitigating factors,
immaturity.
were not sufficient to warrant recharacterization of your
discharge due to the serious nature of your offenses.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
Nevertheless, the Board concluded that these factors
such as your youth and
The names and
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
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