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NAVY | BCNR | CY2009 | 04122-09
Original file (04122-09.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

CRS
4 Docket No: 4122-09
7 July 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 24 June 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 ali 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 30
October 1973. on 19 December 1973 your commanding officer
recommended that you be separated from the Marine Corps with an
undesirable discharge by reason of fraudulent entry due to
concealment of 4 prior enlistment. After being informed of that
recommendation and your rights in connection therewith, you
waived the right to present your case to an administrative
discharge board. After review by the discharge authority, the
recommendation for separation was approved and you were

discharged on 14 January 1974 with an undesirable discharge.

The Board carefully considered ali potentially mitigating
factors, such as your mother’s illness and the head injury you
believe caused you to act irresponsibly, but found them
snsufficient to warrant the approval of your request for upgrade
of your discharge, given the circumstances of your enlistment.
Accordingly, your application has been denied. The names and
votes of the members of the panel will be furnished upon request.

Tk is regretted that che circumstances of your case are such that
favorable action cannot pe 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,

W. DEAN PFE
Executive Diregtpr

Copy to: The American Legion

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