DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
CRS
Docket No: 6601-00
6 April 2001
Dear
This is in reference to your application on behalf of your late
ex-husband 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 4 April 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Documentary material considered by the Board consisted of
Board.
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 your late ex-husband enlisted in the Navy on
26 March 1952 at age 18.
nonjudicial punishment and was convicted by a special
martial.
days and loitering.
The record reflects that he received
court-
His offenses included an unauthorized absence of 60
On 20 July 1953 he became an unauthorized absentee.
1953 he was convicted by civil authorities of five counts of
issuing worthless checks.
for three months.
worthless checks in a different county.
sentencing until the first confinement was completed.
On 1 December 1953 he pled guilty to issuing
On 27 August
The court sentenced him to confinement
The court deferred
On 26 February 1954 a board of officers recommended that he be
separated with an undesirable discharge by reason of misconduct
due to civil conviction.
authority, the recommendation for discharge was approved and he
was separated with an undesirable discharge on 11 March 1954.
After review by the discharge
In its review of your application the Board carefully weighed all
such as his youth and immaturity
potentially mitigating factors,
and the contention that the National Defense Service Medal (NDSM)
However, the Board
is only awarded for honorable service.
concluded that these factors were not sufficient to warrant
recharacterization of his discharge and change in reason for
In this
discharge, given the seriousness of the offenses.
regard, the NDSM is awarded for serving on active duty during a
Therefore,
specific period of time, not for honorable service.
the Board concluded that no change to the discharge is warranted.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon request.
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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