D E P A R T M E N T O F T H E N A V Y
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON D C 2 0 3 7 0 - 5 1 0 0
CRS
Docket No: 10441-02
24 January 2003
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 22 January 2003. 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 7 August 1969.
The record reflects that you received two nonjudicial punishments
and were convicted by a summary court-martial. The offenses
included an unauthorized absence of a day, assault on a fellow
Sailor, being out of bounds without permission, failure to obey a
lawful order, and disrespect. Subsequently, on 8 June 1970 you
were convicted by civil authorities of using a car without
permission, leaving the scene of an accident, failure to report
the accident, and causing the accident. The court sentenced you
to probation for five years and a fine of $106.
On 28 July 1970 the commanding officer recommended that you be
separated with an undesirable discharge by reason of misconduct
due to your civil conviction and frequent discreditable
involvement with military authorities. When informed of the
recommendation, you elected to waive the right to present your
case to an administrative discharge board. After review by the
discharge authority, the recommendation for separation was
approved and on 14 August 1970 you received an undesirable
discharge by reason of misconduct due to civil conviction.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and
immaturity. However, the Board concluded that these factors were
not sufficient to warrant recharacterization of your discharge,
given the seriousness of the civil conviction and your three
disciplinary actions. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.
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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