DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7455-02
13 December 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 14 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.
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 14
October 1958.
The record reflects that on 17 January 1960 you
were convicted by civil authorities of armed and unarmed robbery.
The court sentenced you to confinement for five to seven years.
The commanding officer then recommended that you be separated
with an undesirable discharge by reason of misconduct due to
When informed of the recommendation, you
civil conviction.
elected to waive the right to present your case to an
administrative discharge board.
authority, the recommendation for separation was approved and on
11 March 1960 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. Accordingly, your
The names and votes of the members
application has been denied.
After review by the discharge
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
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