DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370.510
0
CRS
Docket No: 4707-02
15 August 2002
This is in reference to your application
naval record pursuant to the provisions of Title 10,
States Code, Section 1552.
for correction of your
United
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
applicable to the proceedings of this
regulations and procedures
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 Navy on 31 August 1951
at age 17.
A special court-martial convened on 23 May 1952 and
found you guilty of stealing a camera from a shipmate.
sentenced you to confinement at hard labor and a bad conduct
discharge.
failure to obey a lawful order.
discharge on 10 February 1953.
Subsequently, you received nonjudicial punishment for
You received the bad conduct
The court
such as your youth and immaturity
In its review of your application the Board carefully weighed all
potentially mitigating factors,
and the contention that you lied about taking the camera.
However, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge due to
the seriousness of stealing personal property from a shipmate.
Further, the Board noted that the record contains no evidence to
support your contention of innocence and you submitted no such
evidence.
change to the
application has been-denied.
The names and votes of the members
the Board concluded that no
Based on the foregoing,
discha';_ge is warranted.
Accordingly, your
of the panel will be furnished upon request.
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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