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NAVY | BCNR | CY2008 | 02281-08
Original file (02281-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 2281-08
19 December 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-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 19 November 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 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 28 July 1950.
You received eight nonjudicial punishments and were convicted by
three summary courts-martial. The offenses included four periods
of unauthorized absence, absence from appointed place of duty,
shirking duty, failure to muster, disobedience of a lawful order,
and willful disobedience of a lawful order.

On 25 February 1954 an administrative discharge board recommended
that you be separated with an undesirable discharge by reason of
unfitness. After review by the discharge authority, the
recommendation for separation was approved and you were
discharged on 23 March 1954 with an undesirable discharge.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and overall
service. The Board found those factors insufficient to warrant
vecharacterization of your discharge due to your extensive
disciplinary record. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.

te 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. do. PFEI

Executive Direc

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