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NAVY | BCNR | CY2013 | NR1458 13
Original file (NR1458 13.pdf) Auto-classification: Denied
DEPARTMENT. OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

 

SIN
Docket No: 01458-13
15 January 2014

 

This ig 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 14 January 2014. 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 Marine Corps and began a period of active
duty on 9 November 1953. The Board found that during the period
from 20 July 1954 to 29 March 1955, you received six nonjudicial
punishments (NJP’s) for seven periods of unauthorized absence
(UA) totaling 11 days. On 27 May 1955, you were convicted by
special court-martial (SPCM) of seven days of UA. Subsequently,
administrative discharge action was initiated and it was
recommended that you receive an undesirable discharge by reason
of unfitness. You elected to have your case heard by an
administrative discharge board {ADB}. On 27 June 1955, the ADB
found that you committed misconduct and recommended that you be
discharged from the service with an undesirable discharge due to
unfitness. Your case was forwarded and you received an
undesirable discharge on 15 July 1955.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your Korean War
service and desire to upgrade your discharge. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge given your six NUP’s, and
conviction by SPCM during war time. 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,
ROBERT D. i

Acting Executive Director

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