This is in re
naval record
States Code s
A three-membe
Records, sitt
application o
injustice wey
regulations a
Board.
your applicat
thereof, youy
and policies.
After careful
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 3388-08
24 November 2008
ference to your application for correction of your
pursuant to the provisions of title 10 of the United
ection 1552.
xr panel of the Board for Correction of Naval
ing in executive session, considered your
n 22 October 2008. Your allegations of error and
e reviewed in accordance with administrative
nd procedures applicable to the proceedings of this
Docunentary material considered by the Board consisted of
ion, together with all material submitted in support
naval record and applicable statutes, regulations
and conscientious consideration of the entire
record, the
oard 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 8
September 1971.
were convicted by a special court-martial.
included fiv
lawful order,
unclean unifd
disrespect td
deportment.
On 9 April 1$
that you be
discharge by
military auth
separation au
discharge on
Ss
In its review
your content1
discriminatio
acts of indis
the approval
and as you have not
You received eight nonjudicial punishments and
Your offenses
periods of unauthorized absence, failure to obey a
willful disobedience of a lawful order, being in an
rm, failure to go to appointed place of duty, and
a noncommissioned officer in language and
75 an administrative discharge board recommended
eparated from the Marine Corps with an undesirable
reason of unfitness due to frequent involvement with
orities. The recommendation was approved by the
thority, and you were separated with an undesirable
30 April 1975.
of your application, the Board carefully considered
on to the effect that you were a victim of racial
n and unfair treatment, which contributed to your
cipline, but considered it insufficient to warrant
of your request for corrective action. Accordingly,
demonstrated that it would be in the interest
of justice fox the Board to upgrade your discharge, your
application hae 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,
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NAVY | BCNR | CY2008 | 00772-08
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