DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX CRS
WASHINGTON DC 20370-5100 Docket No: 2627-08
27 May 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 20 May 2009. 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 29
November 1966. On 10 January 1968 you were convicted by a
summary court-martial of a period of unauthorized absence.
A special court-martial convened on 7 April 1969 and found you
guilty of two periods of unauthorized absence and failure to obey
a lawful order. The court sentenced you to confinement at hard
labor for six months, forfeiture of $73.00 per month for six
months, reduction in rank, and a bad conduct discharge. You
received the bad conduct discharge on 22 August 1969.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, overall
service, and the contention that racial discrimination caused
your misconduct. The Board concluded that those factors were
insufficient to warrant recharacterization of your service, given
the nature and severity of your offenses. The Board also
concluded that 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 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,
Executive
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