DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 4710-00
27 September 2001
Dear
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 25 September 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application,
thereof, your naval record,
and policies.
Documentary material considered by the Board consisted of
together with all material submitted in support
and applicable statutes, regulations,
Your allegations of error and
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.
The Board found you enlisted in the Marine Corps on 29 January
1964 after nearly four years of prior honorable service in the
National Guard.
Your record reflects that you served for almost
two years without disciplinary infraction but on 21 January 1966
you were convicted by special court-martial (SPCM) of a 30 day
period of unauthorized absence (UA) and missing the movement of
your ship.
paygrade E-l.
month, a $45 forfeiture of pay,
On 19 August 1966 you were again convicted by SPCM of a 100 day
period of UA and sentenced to confinement at hard labor for six
and a suspended bad conduct
months, a $510 forfeiture of pay,
discharge (BCD).
You were sentenced to confinement at hard labor for a
and reduction to
Your record also reflects that on 6 February 1967 you began a 134
day period of UA that was not terminated until you were
apprehended by civil authorities on 20 June 1967.
thereafter, on 29 August 1967, the suspended BCD was ordered
executed.
On 15 September 1967 you were so discharged.
Shortly
Your record further reflects that on 4 February 1976, in
accordance with a recommendation of the Presidential Clemency
Board, your BCD was changed to a clemency discharge pursuant to
Presidential Proclamation 4313.
prior honorable service, and combat
which you needed so that you could
The Board further considered your
The Board also considered your contention that you were
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity,
service.
denied a hardship discharge,
care for your ailing parents.
current medical condition and the statement from the American
Legion on your behalf.
were not sufficient to warrant recharacterization of your
discharge because of the seriousness of your frequent and lengthy
periods of UA.
even after the BCD was suspended and you were given an
opportunity to earn an honorable or general discharge.
further noted that the BCD was changed to a clemency discharge,
and concluded that no further change is now warranted.
circumstances of your case,
discharge was proper as issued and no change is warranted.
Accordingly, your application has been denied.
The Board noted that your misconduct continued
However, these factors and contention
the Board concluded your clemency
The Board
Given the
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,
W. DEAN PFEIFFER
Executive Director
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