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NAVY | BCNR | CY2007 | 02764-07
Original file (02764-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
                                    TJR
                                                                                          Docket No: 2764-07
                                                                                          18 January 2008





This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United S t a t e d Code, Section f 552,
A three- member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 January 2008. 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 29 December 1947 at age 17 and served for nearly two years without disciplinary incident, but on 2 August 1949 you received captain’s mast for neglect of duties.
On 28 December 1949 you were convicted by summary court-martial (SCM) of theft of a wallet valued at $5 which also contained $19 and absence from your appointed place of duty. You were sentenced to extra duty for one month, a $50 forfeiture of pay, and a bad conduct discharge (BCD). After the BCD was approved at all levels of review, on 23 February 1950 you were SO discharged.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and assertions that you were not guilty of the offense for which you were convicted and that you did not receive a fair trial. Nevertheless the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your misconduct. Further, your record contains documented evidence that is contrary to your assertions. Accordingly, your application has been denied.
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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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