DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 2180-08
21 January 2009
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 3 December 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
snsufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 28
November 1969. You received three nonjudicial punishments for
offenses that included two periods of unauthorized absence and
assault.
On 13 December 1971 you submitted a written request for discharge
for the good of the service in lieu of trial by court-martial for
unauthorized absences totaling 125 days, absence from appointed
place of duty, and disobedience of a lawful order. 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 5 January 1972.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your good post service
conduct and that your misconduct was due to racial
discrimination. The Board concluded that your service was
properly characterized as an undesirable discharge, given your
extensive record of misconduct and the seriousness of some of
your offenses. The Board believes that considerable clemency was
extended to you when your request for discharge was granted, and
you should not be permitted to change it now. In addition, you
have not demonstrated 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 igs 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,
Executive D r
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