DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3851-02
11 December 2002
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, United
States
Codei Section 1552.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 10 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
Your allegations of error and
After careful and conscientious consideration of the entire
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Navy on 6 February 1946 at the age of 18. At
the time of enlistment you had completed 11 years of formal
education.
On 1 October 1946 you were convicted by deck court (DC) of
sleeping on watch and were sentenced to a $52 forfeiture of pay.
On 5 November 1946 you received captain's mast (CM) for wrongful
possession of another Sailor's dress blues.
imposed was extra duty for 40 hours.
The punishment
On 26 February and again on 3 April 1947 you received CM for a
one day period of unauthorized absence
appointed place of duty.
general court-martial
to confinement for 24 months, reduction in rate to seaman
apprentice
On 22 May
1947 the sentence was mitigated to a bad conduct discharge (BCD)
and the period of confinement was reduced to 18 months.
(SA), and a dishonorable discharge (DD).
On 13 May 1947 you were convicted by
(CCM) of theft of $348.
(UA) and absence from your
You were sentenced
However, on 29 October 1947, this request
After the BCD was approved at all levels of
On 16 October 1947 you submitted a written request for
restoration to duty.
was disapproved.
review, on 21 May 1948 you were so discharged.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity, post service conduct, and character
reference letters.
factors were not sufficient to warrant recharacterization of your
discharge because of the serious nature of your theft offense and
your other misconduct.
denied.
Nevertheless, the Board concluded these
Accordingly, your application has been
The names and votes of the members of the panel will be furnished
upon request.
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
2
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