DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS «
2 NAVY ANNEX .
WASHINGTON DC 20370-5100 . Docket No: 4124-09
3 June 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 thé Board for Correction of Naval
Records, sitting in executive session, considered, your
application on 3 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 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 5
January 1973. You received six nonjudicial punishments and were
convicted by a summary court-martial and a special court-martial
for offenses that included unauthorized absences, disrespect,
failure to obey a lawful order, failure to go to appointed place
of duty, stealing, disobedience of a.lawful order, assault, and
breach of the peace.
On 14 September 1976 your commanding officer recommended that you
be separated from the Marine Corps with an undesirable discharge
by reason of misconduct due to frequent involvement with military
authorities. The recommendation was approved by the separation
authority, and you were separated with an undesirable discharge
on 29 November 1976.
In its review of your application, the Board carefully considered
your contention to the effect that you were @ victim of racial
discrimination and unfair treatment, which contributed to your
acts of indiscipline, but considered it 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 1s 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.
Consequentiy, 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,
\B eo
W. DEAN PFEIRF
Executive Dikéc
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