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

	CRS
						Docket No: 6626-06
											25 January 2007

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 January 2007. 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 4 March 1968. The record reflects that you received six nonjudicial punishments and were convicted by a summary court-martial. The offenses included unauthorized absences totaling four days, failure to obey a lawful order, absence from your appointed place of duty, possession of an unauthorized liberty card, willful disobedience of a lawful order, disrespect, and being out of uniform.

Although your record does not contain the separation documents, it appears that your commanding officer recommended that you be separated with an undesirable discharge by reason of unfitness and, after review by the discharge authority, the recommendation for separation was approved. The record clearly shows that on 17 September 1969 you received an undesirable discharge by reason of unfitness.

In its review of your application the Board carefully weighed all potentially mitigating factors, such as your contention that the disciplinary actions taken against you were caused by racism.

Nevertheless, the Board concluded that these factors were not sufficient to warrant recharacterization of your discharge, given your record of frequent involvement with military authorities. Specifically you were the subject of seven disciplinary actions within a period of less than two years. In this regard, the Board found no evidence of racism in your record, and you have provided no such evidence. 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,

	ROBERT D. ZSALMAN
Acting Executive Director

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