DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-51900
CRS .
Docket No: 421-09
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 4 November 2009. Your allegations of error and.
injustice were reviewed in accordance with administrative a
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 June 1982,
You received two nonjudicial punishments for offenses that.
included assault, use of provoking words, and breach of the
peace. .
On 22 July 1983 an administrative discharge board recommended
that you be separated from the Navy with a discharge under other -
than honorable conditions by reason of misconduct due to the
commission of a serious. On 24 August 1983 you received
nonjudicial punishment for unauthorized absence and missing |
movement. The recommendation for discharge was approved by the
séparation authority on 23 October 1983, and a DD Form 214 was
prepared with an effective date of discharge of 25 October 1983,
The discharge was not executed on that date, however, because you
were absent without authority. Your command was subsequently
granted authority to discharge you in absentia, but did not do so
because you returned to military control before the discharge
could be executed. You were discharged by reason of misconduct on
16 December 1983, with a discharge under other than honorable
conditions.
In its review of your application, the Board carefully considered
your contention to the effect that you were a victim of racial
discrimination and unfair treatment, which contributed to your
acts of indiscipline, but found it to be unsubstantiated and
insufficient to warrant the approval of your request for upgrade
of your discharge. Accordingly, your application has been denied.
The names and votes | GE 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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