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NAVY | BCNR | CY2005 | 07787-05
Original file (07787-05.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
                  BOARD FOR CORRECTION OF NAVAL RECORDS
                   2 NAVY ANNEX
                   WASHINGTON DC 20370-5100        


                           SJN
                           Docket No: 07787-05
                           3 March 2006






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 1 March 2006. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 31 January 1955 at age 25. on 9 December 1955 you were convicted by civil authorities of two counts of grand larceny. You were sentenced to two years in prison and a fine. However,, the sentence was suspended and you were placed on three years probation.
Based on this conviction you were processed for an administrative discharge by reason of misconduct due to civil conviction. After you were notified of this separation action, you elected to consult counsel and have your case heard by an administrative discharge board (ADB).
On 23 January 1956 an ADE found that you had committed misconduct due to civil conviction, and recommended an undesirable discharge. Subsequently, the commanding officer (CO) forwarded your case to discharge authority and on 24 January 1956 the discharge authority directed an undesirable discharge by reason of misconduct due to civil conviction. You were so discharged on 3 February 1956.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth. However, the Board found that these factors were not sufficient to warrant any change in your discharge given the seriousness of your misconduct that resulted in the civil conviction. 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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