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DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 9526-09
18 December 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 16 December 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.
Rfter 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 Navy on 9 January 1942.
On 13. September 1944 you were convicted by civil authorities of
two burglaries and larcenies. The court sentenced you to an
indefinite term in the Colorado State Reformatory. On 6 October
1944 you received an undesirable discharge by reason of unfitness
due to a civil conviction. On 2 January 1957 you received a
state pardon.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and the contention that your pardon should be the basis
for upgrading your discharge. The Board concluded that those
factors were insufficient to warrant recharacterization of your
service. Further, your state pardon has no bearing on your
military discharge. Accordingly, your application has been
denied. The names and votes of the members of the panel wiil 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 PPE AFF
Executive e r
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