DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 5568-02
2 December 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 26 November 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 27
November 1959.
received nonjudicial punishment for disorderly conduct in a
public place.
by civil authorities of armed robbery.
to confinement for five years.
Subsequently, on 17 July 1962 you were convicted
The court sentenced you
The record reflects that on 9 March 1961 you
On 13 August 1962 the commanding officer recommended that you be
separated with an undesirable discharge by reason of misconduct
When informed of the recommendation,
due to civil conviction.
you elected to waive the right to present your case to an
After review by the discharge
administrative discharge board.
authority, the recommendation for separation was approved and on
5 September 1962 you received an undesirable discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
However, the Board concluded that these factors were
immaturity.
not sufficient to warrant recharacterization of your discharge,
given the seriousness of the civil conviction and the nonjudicial
Accordingly, your application has been denied.
punishment.
names and votes of the members of the panel will be furnished
upon request.
The
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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