Se
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
Ay
SS
JRE
Docket No, 00382-10
4 February 2010
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 28 January 2010. 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.
You served on active duty in the Marine Corps from 13 December
1993 to 31 August 1995, when you were discharged under honorable
conditions by reason of an antisocial personality disorder.
That condition was diagnosed after you admitted that you were a
“skinhead” and that you had racial animosity towards persons of
other races. Following your discharge, the Department of
Veterans Affairs awarded you a 0% rating for pain related to an
inguinal hernia repair.
In the absence of evidence which demonstrates that you were
unfit for duty by reason of physical disability that was.
‘incurred in or aggravated by your naval service, there is no
basis for correcting your record to show that you were separated
‘or retired by reason of physical disability. In addition, the
Board was not persuaded that you should have received a fully
honorable discharge, or that it would be in the interest of
justice to upgrade your discharge, given the basis for your
discharge and the racially intolerant views you espoused while
serving in the Marine Corps. 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,
\Qa A.
W. DEAN PFELAF
Executive Di
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