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NAVY | BCNR | CY2007 | 10965-07
Original file (10965-07.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

 

CRS
Docket No: 10965-07
26 September 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 27 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 9
September 1966. You received five nonjudicial punishments and
were convicted by a summary court-martial and two special courts-
martial. Your offenses included unauthorized absences, failure
to obey a lawful order, use of provoking words, theft of two
cases of combat rations, assault on a village chief, and sleeping
on post. You were punished for offenses you committed before,
during and after your service in Vietnam.

Upon being notified that you were being processed for
administrative separation by reason of unfitness, you waived your
rights to counsel and to appear before an administrative
discharge board. On 7 August 1969 your commanding officer
recommended that you be separated from the Marine Corps by reason
of unfitness due to frequent involvement of a discreditable
nature with military authorities, with an undesirable discharge.
After review by the discharge authority, the recommendation for

separation was approved and on 2 October 1969 you were discharged
with an undesirable discharge.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth and service in
Vietnam. The Board found those factors were insufficient to
warrant the upgrade of your discharge given your extensive
disciplinary record. Accordingly, your application has been
denied. The names and votes of the members of the panel will be
furnished upon request.

Tt 1s 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,

Lae

W. DEAN PFE F
Executive Dil r

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