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NAVY | BCNR | CY2003 | 01337-03
Original file (01337-03.pdf) Auto-classification: Denied
DEPARTMENTOFTHE  NAVY 

BOARD  FOR  CORRECTION  O F N A V A L  RECORDS 

2  N A V Y A N N E X  

WASHINGTON  D C   20370-5100 

FC 
Docket No: 01337-03 
8 August 2003 

This is in reference to your application for correction of your 
naval record pursuant to the provisions of Title 10 of the 
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 July 2003.  Your allegations of error and 
injustice were reviewed in accordance with administrative 
regulations and procedures applicable to the proceedings of this 
~oard. 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 4 May 1948 at 
age 17.  You served without incidenk ~ m t i l  29 September 1949, 
when you were convicted by deck court (DC) of a brief period of 
unauthorized absence and missing ship's movement.  You were 
sentenced to two months of extra duty.  On 3 March 1950, you were 
convicted by a second DC of using provoking words to the shore 
patrol.  You were sentenced to forfeitures of pay. 

On 15 September 1950 you were convicted by summary court martial 
(SCM) of stealing a camera and were sentenced to a bad conduct 
discharge (BCD) .  After approval by the convening authority, you 
were discharged with a BCD on 21 November 1950. 

In its review of your case, the Board carefully weighed all 
potentially mitigating factors such as your youth and 
immaturity, and the length of time that has passed since you 

were discharged from the Navy.  However, the Board found that 
these factors were not sufficient to warrant recharacterization 
of your discharge given your misconduct that resulted in two 
convictions by DC and especially the conviction by SCM of theft. 
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 PF 
Executive Di 



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