DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
DC 20370-5100
WASHINGTON CRS
Docket No: 3843-08
24 March 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 11 February 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 15 May
1968. You received nine nonjudicial punishments and were
convicted by a summary court-martial for offenses that included
four periods of unauthorized absence, failure to obey a lawful
order, absence from appointed place of duty, assault, willful
disobedience of a lawful order, dereliction of duty, being out of
uniform, and disrespect to an officer.
On 22 January 1971 an administrative discharge board recommended
that you be separated from the naval service with an undesirable
discharge by reason of unfitness. After review by the discharge
authority, the recommendation was approved and you were
discharged with an undesirable discharge on 8 February 1971.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your overall record of
service an comments by the Veterans Affairs that your service was
faithful and honest. ‘tne Board found those factors insufficient
to warrant recharacterization of your service in view of your
extensive disciplinary record. Accordingly, your application has
been denied. ‘Tne names and votes of the menbers of the panel
whld be furnished upon request.
It 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,
NS
W. DEAN PF
Executive D O
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