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NAVY | BCNR | CY2007 | 03411-07
Original file (03411-07.rtf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
         2 NAVY ANNEX    
         WASHINGTON DC 20370-5100

         TRG
          Docket No:3411—07
          20 May 2008







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—me mb er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 6 May 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 that the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You enlisted in the Navy on 20 November 1950 at age 18. After completing initial training, you reported aboard the USS WALKE (DD 723). On 12 June 1951 the WALKE was severely damaged by enemy action. Subsequently, you were awarded the Bronze Star with Combat for your actions on that day. A copy of the award citation is enclosed for your use.
On 6 March 1952 you began a period of unauthorized absence. On 21 March 1952 you were arrested by civil authorities on a charge of armed robbery. Subsequently, you were convicted of this offense and were sentenced to prison. On 6 February 1953 you were paroled.
Based on your conviction by civil authorities you were processed for an administrative discharge. After review, the discharge authority directed an undesirable discharged and you were so discharged on 17 July 1952.


In its review of your application the Board carefully weighed all potentially mitigating factors, such as your period of good service, the award of the Bronze Star and your contention that you have been a good citizen since your discharge from the Navy. The Board found that these factors and contention were not sufficient to warrant recharacterization of your discharge given your conviction by civil authorities of a serious offense. The Board concluded that the discharge was proper as issued and no change is warranted.

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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