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NAVY | BCNR | CY2008 | 08023-08
Original file (08023-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100

RDZ:ech
Docket No. 08023-08
23 January 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 14 January 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.

You enlisted in the Marine Corps on 10 May 1973. After one year
and five months of service you received an undesirable discharge

(UD) based on your frequent acts of misconduct. More
specifically, in less than 17 months you received six
nonjudicial punishments and one special court-martial. Your
offenses consisted of numerous periods of unauthorized absence,
dereliction of duty and willful disobedience of orders. Clearly

your discharge was properly issued based on your extensive
disciplinary record and for the same reason the Board concluded
it should not be upgraded now as a matter of clemency. Contrary
to your allegations your medical records show that you were both
mentally and physically fit for discharge at the time you were
separated from the Marine Corps.

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,

Nef

. EAN PFE
Executive Dil

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