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NAVY | BCNR | CY2010 | 09714-10
Original file (09714-10.pdf) Auto-classification: Denied
DEPARTMENT OF THE NAVY

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

 

TAL
Docket No: 9714-10
24 June 2011

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 15 June 2011. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.

You enlisted in the Navy and began a period of active duty on

27 October 1994 at age 17. After reporting to your first duty
station, you wrote a letter stating that you could not work with
African Americans and Filipinos and were afraid that you would do
something stupid. You were notified of pending administrative
discharge processing by reason of best interest of the service or
Secretarial Authority. You waived all of you procedural rights,
including your right to consult with counsel and to submit a
written statement. On 18 October 1995 the Assistant Secretary of
the Navy approved the recommendation that you be discharged by
reason Secretarial Authority with a general discharge. You
received your discharge on 21 November 1995.

The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given your expressed inability to treat others
in an equal manner due to your choosing to discriminate based on
race and unwillingness to support the standards required of the
Navy's Equal Opportunity Program. 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.

r

Sincerely,

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