DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10743-08
6 November 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. " “s
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your. ©. me,
application on 4 November 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'‘appiicable 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 Navy Reserve on 5
_Ostober, 1964. You received five nonjudicial punishments and. were
convicted by a summary court-martial and a special court-martial.
Your offenses’ included an unauthorized absence, absence from
appointed place of duty, attempt to violate a lawful order or
regulation, failure to go to appointed place of duty, assault,
failure to obey a lawful order, and sleeping on post.
On 30 November 1965 your commanding officer recommended that you
be separated from the Navy Reserve with an undesirable discharge
by reason of unfitness due to frequent involvement of a :
discreditable nature with military authorities. Subsequently,
you received two nonjudicial punishment for offenses that
Sncluded assault and failure to obey a lawful order. After
review by the discharge authority, the recommendation for
separation was approved and on 23 November 1966 you were
separated with an undesirable discharge.
In its review of your application, the Board carefully considered |
your contention to the effeck thal you were 3 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 request 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,
nN
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