DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 10802-08
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.
A’ three-member panel of ‘the Board for Correction of Naval
Records, sitting in executive session, considered your.
application on 21 October 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 Navy on 25 November
1969. .0n 7 December 1970 the Navy Personnel Command directed...
that you be discharged by reason of conscientious objection. You
were so discharged on 27 January 1971, with a general discharge
under honorable conditions.
The Board fotind that you received a discharge under honorable
conditions because your conduct and overall trait averages were
below the minimum required for a fully honorable discharge. The
Board did not accept you unsubstantiated contention to the effect
that your conduct and performance were adversely affected by a
gang rape that occurred while you were in recruit training.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.
Tt 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 impoxtant 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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