DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
. 2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 7763-08
25 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 19 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 29
November 1974. ou received three nonjudicial punishments for
offenses that included two periods of unauthorized absence and
failure to obey a lawful order. on 21 February 1975 an aptitude
board found that you were actively seeking a discharge and
recommended your separation for unsuitability. You were
discharged under honorable conditions by reason of unsuitability
on 28 February 1975, in accordance with approved findings and
recommendation of the aptitude board.
The Board did not accept your contention to the effect you had a
medical problem that was aggravated by training. The Board
concluded that you were fortunate to have been discharged under
honorable conditions by reason of unsuitability, rather than by
reason of misconduct. The Board was not persuaded that it would
be in the interest of justice for 1t to upgrade your discharge to
honorable. 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 take. 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,
W. DEAN PFI
Executive
or
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