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NAVY | BCNR | CY2002 | 07214-01
Original file (07214-01.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

2 

NAVY 

ANNEX

WASHINGTON DC 20370-5100

CRS
Docket No: 7214-01
4 February 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 30 January 2002.
Your allegations of error and
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 20 September
1960 at age 18.
nonjudicial punishment and were convicted by a summary  
martial.
of duty and stealing a white hat.

The record reflects that you received

The offenses included absence from your appointed place

court-

On 30 July 1962 the commanding officer recommended that you be
separated with an undesirable discharge by reason of misconduct
due to fraudulent enlistment.
of pre-service civilian charges of auto theft.
the recommendation, you elected to waive the right to present
your case to an administrative discharge board.
After review by
the discharge authority,
approved and you received an undesirable discharge on 7 September
1962.

This was based on your concealment
When informed of

the recommendation for separation was

In its review of your application the Board carefully weighed all
potentially mitigating factors,
However, the Board concluded that these factors were
immaturity.

such as your youth and

not sufficient to warrant recharacterization of your discharge in
view of your concealment of pre-service civil involvement and the
two disciplinary actions.
The names and votes of the members of the panel will be
denied.
furnished upon request.

Accordingly, your application has been

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



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