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NAVY | BCNR | CY2013 | NR3829-13
Original file (NR3829-13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS

701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490 -

BUG
Docket No: 3829-13
5 March 2014 ~~

“yoo

 

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 5 March 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. oe

‘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.

You enlisted in the Navy and entered a period of active duty on

_9 April 1957. You received nonjudicial punishment on three

occasions, and were convicted by a summary court-martial and two

“special courts-martial (SPCM). Your offenses included

unauthorized absence (five periods totaling. 66 days), breaking
restriction, and wrongful possession of a pistol. The sentence
at. your second SPCM included a bad conduct discharge (BCD). On
24 June 1260, you received the BCD after appellate review.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, remorse,
and current desire to upgrade your discharge. However, the
Board concluded that your discharge should not be changed due to
your numerous acts of misconduct. You are advised that no
discharge is upgraded due merely to the passage of time or post

-service good conduct. In view of the above, 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 decigion 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. ZSALMAN
Acting Executive Director

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