DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20376-5100 .
CRS
‘Docket No: 6067-08
8 October 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 30 September 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 10 July
1979. You received four nonjudicial punishments and were
convicted by a special court-martial for offenses that included
three periods of unauthorized absence, absence from appointed
place of duty, disrespect, being out of uniform, and willful
disobedience of a lawful order.
On 21 January 1982 your commanding officer recommended that you
be separated from the Navy with a discharge under other than
honorable conditions by reason of misconduct due to frequent
involvement of a discreditable nature with military authorities.
After review by the discharge authority, the recommendation for
separation was approved and on 22 February 1982 you were
separated with a discharge under other than honorable conditions.
In its review of your application, the Board carefully considered
your contention to the effect that you were a victim of racial
discrimination and unfair treatment, which contributed to your
acts of indiscipline, but found it unsubstantiated and
‘insufficient to warrant the approval of your reguest for
corrective action. 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,
ub oad
W. DEAN PF F
Executive D Yr
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