DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 4914-09
28 January 2010
This is in. reference to your application for correction of your
late husband’s 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 21 January 2010. Your allegations of error and
injustice were reviewed in accordance with administrative
regulations and procedures applicabie 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 husband’s 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 your husband enlisted in the Navy on 14 May
1948. On 1 May 1950 he was convicted by civil authorities of
grand larceny and sentenced to probation for three years. On 18
July 1950 he received an undesirable discharge by reason of
misconduct due to the civil conviction.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as his youth and overall
record of service. The Board found those factors insufficient to
warrant recharacterization of his discharge, given the nature and
severity of his civilian offense. Accordingly, your application
has been denied. The names and votes of the members of the panel
will be furnished upon request.
Tt 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 ali 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,
Wor S-east
W. DEAN PFE
Executive D r
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