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NAVY | BCNR | CY2013 | NR3649-13
Original file (NR3649-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
7O1 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490

_ TIR .
Docket No: 3649-13.°: .
25 March 2014

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 25 March 2014. The names and votes of the
members of the panel will be furnished upon request.-. 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 and began a period of active duty on 13
August 1945. You served for a year and eight months without _
disciplinary incident, but during the period from 6 April to 20
July 1947, you were ¢onvicted by summary court-martial (SCM) on
three occasions. Your offenses were three periods of ~~
unauthorized absence (UA) totalling 28 days and missing the
movement of your ship.. we Te

On 20 July 1947 you were sentenced at your third SCM to a $240
forfeiture of pay and a bad conduct discharge (BCD). The BCD was

. subsequently approved at all levels of review, and on 26—

September 1947 you were so discharged.

The Board, in its review of. your entire record and application,
carefully weighed all potentially mitigating factors, such as _

your desire to upgrade your discharge and assertion that. the only
reason you missed the movement of your ship was because it left a

day ahead of its scheduled departure time. - Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization of your discharge because of the: seriousness
of your misconduct which resulted in three SCMs. Finally, there
is no evidence in the record, and you submitted none, to support
your assertion. Accordingly, your application has been denied.

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,
Ret SS, a

ROBERT Dx—2SALMAN
Acting Executive Director

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