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NAVY | BCNR | CY2003 | 07493-03
Original file (07493-03.rtf) Auto-classification: Denied
                                    DEPARTMENT OF TILE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
                                                      2NAVYANNEX
          WASHINGTON DC 20370-5100

TJR
 Docket No: 7493-03
3 August 2004


This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, 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 27 July 2004. 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 the evidence submitted was insufficient to establish the existence of probable material error or injustice.
You reenlisted in the Marine Corps on 16 August 1950 after two years of prior honorable service. About two years later, on 7 August 1952, you were convicted by general court-martial (GCM) of a 95 day period of unauthorized absence (UA). You were sentenced to reduction to paygrade E-1 and confinement at hard labor for six months.
On 10 August 1953 you were convicted by special court-martial (SPCM) of a 143 day period of UA and were sentenced to confinement at hard labor for three months and a bad conduct discharge (BCD), which was suspended for nine months. During the period from 27 November to 14 December1953 you were in a UA status for a total of 17 days, although the record fails to reflect the disciplinary action taken for this period of UA.
On 22 January 1954 the suspended BCD awarded at the 10 August 1953 SPCM was vacated. As a result of this action, on 29 January 1954, you received a BCD.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth, prior honorable service, and post service conduct. Nevertheless, the Board concluded these factors were not sufficient to warrant recharacterization of your discharge because of the seriousness of your frequent and lengthy periods of UA. The Board noted that you were sentenced to a suspended BCD, thus giving you the opportunity to earn a better characterization of service, however, you failed to do so and committed further offenses, specifically, a 17 day period of UA. 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 PFIEFFER
Executive Director









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