DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DCG 20370-5100
CRS
Docket No: 10448-0959
14 December 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 2 December 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 23
February 1973. You received nonjudicial punishment on four
occasions for offenses that included unauthorized absence,
breaking restriction, failure to obey a lawful order, willful
disobedience of a lawful order; and wrongful use of marijuana.
On 25 May 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 of a
discreditable nature with military authorities. On 25 June 1976
you were separated with an undesirable discharge.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth and good
post service conduct. The Board found those factors insufficient
fo warrant recharacterization of your discharge, given the nature
and severity of your offenses. 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
existence of probable material error or injustice.
Sincerely,
oRea5 :
Executive tor
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