DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
CR.9
Docket No: 7059-01
28 February 2002
Your allegations of error and
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 6 February 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.
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 15 September
1947 at age 17.
The record reflects that you received two
nonjudicial punishments and were convicted by a deck court.
The
offenses included an unauthorized absence of seven days, missing
movement, being out of uniform, and being drunk.
A summary court-martial convened on 4 April 1949 and found you
guilty of an unauthorized absence of nine days and missing
movement.
bad conduct discharge, both of which were suspended for six
months.
Subsequently, you received three more nonjudicial
punishments and were convicted by a second deck court.
The
offenses included an unauthorized absence of eight days, missing
being drunk on two occasions, drunk and disorderly
movement,
conduct,
and possession of two identification cards.
On 19
October 1949 the suspended bad conduct discharge was ordered
executed and you were so discharged on 22 November 1949.
In its review of your application the Board carefully weighed all
The court sentenced you to a forfeiture of $150 and a
However, the Board concluded that these factors were
The Board also noted that
potentially mitigating factors, such as your youth and
immaturity.
not sufficient to warrant recharacterization of your discharge,
given the seriousness of the offenses.
the initial sentence to a bad conduct discharge was suspended,
thus giving you an opportunity to earn a better discharge.
However, you continued to commit offenses, which resulted in the
discharge being executed.
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.
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.
Based on the foregoing, the Board
The names and
Sincerely,
W. DEAN PFEIFFER
Executive Director
2
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