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NAVY | BCNR | CY2013 | NR7715 13
Original file (NR7715 13.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION CF NAVAL RECORDS

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

 

BJG
Docket No: 7715-13
20 August: 2014

 

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 August 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 that 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 27
November 1951. You received Captain’s Mast on six occasions and
were convicted by a special court-martial. Your offenses
included unauthorized absence (three periods totaling two days),
failure to go to your appointed place of duty (two instances),
inappropriate standing of watch, and larceny. You were then
notified that your commanding officer was recommending you for
administrative separation due to misconduct. You exercised your
procedural right to have your case heard by an administrative
discharge board (ADB). The ADB found that you had committed
misconduct, and recommended that you be discharged with an
undesirable characterization of service. On 27 November 1953,
you were discharged with an undesirable characterization of
service due to misconduct.

In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, Korean
war service, and current desire to upgrade your discharge.
However, the Board concluded that your discharge should not be
upgraded due to your acts of misconduct. You are advised that
no discharge is upgraded due merely to the passage of time or
spost service good conduct. In view of the above, your
application has been denied. The names and votes of the members
é6f 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. “SALMAN
Acting Executive Director

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