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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