DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
CRS
Docket No: 6962-12
26 June 2013
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 June 2013. 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 Marine Corps on 6 June
1952. You received nonjudicial punishment on six occasions and
were convicted by a summary court-martial of offenses that
included two periods of unauthorized absence, being out of
uniform, being under the influence of alcohol, absence from your
appointed place of duty, unauthorized liberty pass, forged
liberty pass, being beyond medical restriction limits, and breach
of the peace.
On 16 May 1955 a special court-martial convened and found you
guilty of stealing $125.00 and failure to go to your appointed
place of duty, and sentenced you to confinement at hard labor for
three months, forfeiture of $195.00, and a bad conduct discharge
(BCD). You were separated with a’ BCD on 5 October 1955.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
record of service, and the unsubstantiated contention that you
were discriminated against: The Board concluded that these
factors were insufficient to warrant recharacterization of your
service, given the serious and repeated nature of your
misconduct, which ultimately resulted in your discharge.
Further, the Board found no evidence of discrimination in your
record, and you submitted no such evidence. 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. Yeon F
Executive Dikréc
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