DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2
NAVY
ANNEX
WASHINGTON DC 20370-5100
FC
Docket No: 07496-02
8 September 2003
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 4 September 2003.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
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 24 June
1941 at age 17.
summary court martial (SCM) of a 16-day period of unauthorized
absence, and were sentenced to confinement, extra duty, and
forfeitures of pay.
On 13 November 1941 you were convicted by
On 12 May 1943, you were declared a deserter, having been on
unauthorized absentee since 7 April 1943.
1943 you were convicted by a second SCM of a 52-day period of
unauthorized absence from 7 April to 29 May 1943 and not
desertion.
and forfeitures of pay.
that had previously been entered due to the latter period of
unauthorized absence was removed from your record by the
authority of commanding officer.
record to reflect this favorable action.
An entry was made in your
You were sentenced to twenty days of bread and water
On 22 September 1943 a mark of desertion
However, on 25 August
On 23 August 1944 a medical board recommended that you be
discharged by reason of unfitness because of physical disability.
On 27 September 1944 the separation authority approved the
findings of the board and directed that you be separated by
reason of physical disability with a characterization of service
as honorable.
discharge.
On 14 October 1944, you received an honorable
the Board carefully weighed all
In its review of your case,
potentially mitigating factors such as the length of time that
has passed since you were discharged from the Marine and your
honorable service during World War II.
concluded that appropriate action was taken to remove the mark
of desertion from your record.
Accordingly, your application
has been denied.
panel will be furnished upon request.
The names and votes of the members of the
However, the Board
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
it is important to keep in mind that
You are entitled to have
In this regard,
Sincerely,
Executive Dir
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