DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 | CRS
Docket No: 4073-08
24 March 2009
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 29 January 2009. 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.
The Board found that you enlisted in the Marine Corps on 23
November 1945. On 21 May 1947 you were convicted by civil
authorities of petty theft and malicious mischief. The court
sentenced you to confinement for 15 days. On 9 June 1947 you
received nonjudicial punishment for a period of unauthorized
absence. On 14 August 1947 you received an undesirable discharge
by reason of civil conviction.
The Board carefully considered your post-service good conduct and
accomplishments, as well as your contention to the effect that
the civil charges that resulted in your discharge were unfounded
and unjust. The Board found those factors insufficient to
warrant granting your request for upgrade of your undesirable
discharge. 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,
\oven
WwW.
Executive Dir
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