DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TUR
Docket No: 2394-14
14 May 2015
Dear Mr. White:
This is in reference to your application for correction of your
late father’s 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 29 April 2015. 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.
Your father enlisted in the Marine Corps and began a period of
active duty on 12 December 1951. At that time he signed an
enlistment document certifying that he was not a member of, and
did not associate with certain organizations, nor did he attend
meetings or gatherings for these organizations.
Your father’s record reflects that during the period from 9
February 1953 to 4 April 1954, he participated in operations
against Communist Forces, specifically, the Western Korean Front
on two occasions and in defense of United Nations positions in
Korea.
On 16 September 1954, your father was the subject of an
investigation regarding his association with communist
organizations. In this regard, he stated in part, that his
acceptance of invitations from these organizations were ACrICEly
for social benefit and that discussions were limited to current
news and the “Trenton Six,” but never about communism. Shortly
thereafter, on 1 October 1954, a security board recommended that
his security clearance be terminated due to his association with
communist organizations. As a result, on 30 November 1954, his
clearance was terminated and he was processed for an
administrative separation by reason of unfitness which was
approved by the discharge authority. On 11 December 1954, he was
issued an undesirable discharge by reason of unfitness.
The Board, in its review of your late father’s entire record and
your application, carefully weighed all potentially mitigating
factors, such as your desire to upgrade his undesirable (other
than honorable) discharge and change the narrative reason for
separation. It also considered your assertion that your father’s
record does not reflect his characterization of service.
Nevertheless, the Board concluded these factors were not
sufficient to warrant relief in this case because of your
father’s association with certain communist organizations and the
falsification of his enlistment documents. Finally, contrary to
your assertion, the record does reflect the appropriate
characterization of service which is authorized by regulatory
guidelines for Marines processed by separation by reason of
unfitness. 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 within one year from the date of the Board’s decision.
New evidence is evidence not previously considered by the Board
prior to making its decision in your case. 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 J. O'NEILL
Executive Director
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