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NAVY | BCNR | CY2006 | 03540-06
Original file (03540-06.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
         WASHINGTON DC 20370-5100

                  SJN
 Docket No: 03540-06
2 November 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 31 October 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 2 July 1952 at age 17. On 9 June 1953 you received nonjudicial punishment (NJP) for a brief unauthorized absence (UA), disorderly conduct and underage drinking. You served without incident until 20 October 1955, when you were convicted by civil authorities of second degree robbery and were sentenced to a year in jail, and five years of probation, and were directed to make restitution to the victim.
Based on the civil conviction you were processed for an administrative discharge by reason of misconduct due to civil conviction. After you were notified of the separation action, an administrative discharge board (ADB) 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, concurring with the recommendation of the ADB. On 15 November 1955 the discharge authority directed an undesirable discharge by reason of misconduct due to civil conviction. You were so discharged on 28 November 1955.

The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, time in service, post service achievements, and the contention that the civilian charge was later changed from guilty to not guilty. However, the Board found that these factors were not sufficient to warrant any change in your discharge given the civil conviction for a serious offense and the ensuing period of incarceration. Concerning your contention, there is no evidence in the record, and you submitted none, to substantiate your claim. 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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