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NAVY | BCNR | CY2007 | 09506-07
Original file (09506-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100

CRS
Docket No: 9506-07

15 August 2008

 

 

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 6 August 2008. 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.

The Board found that you enlisted in the Marine Corps on 15
August 1967. On 5 April 1968 you arrived in Vietnam. While in
Vietnam, you were convicted by two special courts-martial. The
offenses included unauthorized absences totaling 285 days, being
in off-limits areas, escaping from lawful custody, and breaking

restriction.

On 23 May 1970 you submitted a written request for discharge for
the good of the service in lieu of trial by court-martial for an
unauthorized absence and possession of three ration cards. Prior
to submitting this request you conferred with a qualified
military lawyer who advised you of your rights and warned of the
probable adverse consequences of receiving an undesirable
discharge. Your request was approved by the discharge authority,
and you received an undesirable discharge on 25 June 1970.

In its review of your application the Board carefully considered
your 19 contentions, to include the contention that racism
impaired your ability to serve. Nevertheless, the Board

concluded that your service was properly characterized by an
undesirable discharge, given your extensive record of misconduct
and the serious nature of the offenses you committed in a combat
zone. The Board believes considerable clemency was extended to
you when your request for discharge was granted, and you should
not be permitted to change it now. The Board was not persuaded
that you were the victim of racial discrimination. 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,

WD Sn Af

W. DEAN PF
Executive chor

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