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NAVY | BCNR | CY2008 | 10703-08
Original file (10703-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

CRS
Docket No: 10703-08
15 January 2010

 

 
 

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 13 January 2010. 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.

The Board found that you enlisted in the Marine Corps on 10 May
1977. You received nonjudicial punishment on six occasions for
offenses that included unauthorized absence, dereliction of duty,
loss of military property through neglect, absence from appointed
place of duty, willful disobedience of a lawful order, and
failure to obey a lawful order.

On 28 February 1979, you were separated from the Marine Corps
with a discharge under other than honorable conditions by reason
of misconduct. The discharge processing documents are not in
your record.

In its review of your application the Board carefully weighed ali
potentially mitigating factors, such as your overall record of
service and your belief that you were a victim of racial ~
discrimination. The Board concluded that those factors were
insufficient to warrant the upgrade of your discharge in view of
your extensive disciplinary record. It found nothing in the
available records which supports your belief that you were the
wietim of vacial discrimination. 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,

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