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NAVY | BCNR | CY2008 | 10977-08
Original file (10977-08.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX

WASHINGTON DC 20370-5100 CRS

Docket No: 10977-08
24 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. The Board did not reconsider your
promotion issue since it had been previously denied and you
presented no new evidence.

R three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 4 March 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 28
October 1968. You received two nonjudicial punishments and were
convicted by two summary courts-martial and two special courts-
martial for offenses that included six periods of unauthorized
absence and breaking restriction.

On 30 August 1971 an administrative discharge board recommended
that you be separated from the naval service with a general
discharge by reason of unfitness. After review by the discharge
authority, the recommendation was approved and you were
discharged under honorable conditions on 16 September 1971.

In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your overall record of
service and dissatisfaction over the fact that you were not
promoted after you returned from Vietnam. The Board found those
factors insufficient to warrant recharacterization of your
service in view of your extensive disciplinary record.
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

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