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Decision Text

NAVY | BCNR | CY2007 | 06656-07
Original file (06656-07.rtf) Auto-classification: Denied
SJN
 Docket No: 06656-07
28 May 2008






         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—meInJ3er panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 May 2008. 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 enlisted in the Navy on 12 October 1951 at age 18. On 1 August 1952, you were convicted by special court-martial (SPCM) of 21 days of unauthorized absence (UA). On 10 June 1953, you began a period of UA lasting 121 days, ending with your apprehension on 17 October 1953. On 26 January 1954, you were convicted by general court-martial (GCN) for that period of T JA. You were sentenced to confinement at hard labor, a forfeiture of pay, a reduction in paygrade, and a bad conduct discharge (BCD). On 7 June 1954, you waived your right to request restoration to full duty, and received the BCD after appellate review was completed.
The Board, in its review of your entire record and application, carefully weighed all potentially mitigating factors, such as your youth and overall record of service . Nevertheless, the Board found that these factors were ~ not sufficient to warrant recharacterization of your discharge given your Convictions by SPCM and GCM for periods of UA totaling over five months. 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 PFEIFFER
                                                                Executive Director

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