DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 8538-00
31 July 200
1
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 31 July 2001.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
your application, together with
thereof, your naval record, and
and policies.
Documentary material considered by the Board consisted of
all material submitted in support
applicable statutes, regulations,
Your allegations of error and
After careful and conscientious
record, the Board found the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
consideration of the entire
Your record contains a Naval
The Board found you enlisted in the Marine Corps on 18 August
1969 at the age of 18.
Investigative Service (NIS) report which indicates that on 26
August 1969 you submitted a written statement in which you
admitted to participating in homosexual acts prior to and during
The report notes that your case was being
your enlistment.
administratively closed due to your absence from the Marine
Corps.
On 23 January 1974 you submitted a written request for an
Your record reflects that on 10 September 1969 you began a 1,559
day period of unauthorized absence (UA) that was not terminated
until you were apprehended by civil authorities on 17 December
1973.
other than honorable discharge in order to avoid trial by
martial for the foregoing period of UA.
request, you conferred with a qualified military lawyer at which
time you were advised of your rights and warned of the probable
adverse consequences of accepting such a discharge.
On 12
court-
Prior to submitting this
February 1974 your request was granted and your commanding
officer was directed to issue you an other than honorable
discharge for the good of the service. As a result of this
action, you were spared the stigma of a court-martial conviction
and the potential penalties of a punitive discharge and
confinement at hard labor.
discharged.
On 20 February 1974 you were so
On 29 June 1976, upon satisfactory completion of reconciliation
service, you were issued a Certificate of Completion from the
Selective Service System.
On 16 August 1976, in accordance with
a recommendation of the Presidential Clemency Board, you received
an executive grant of clemency and a pardon pursuant to
Presidential Proclamation 4313.
However, these factors and contention were not
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and immaturity and your contention that your discharge
certificate has not been changed to reflect your clemency
discharge.
sufficient to warrant recharacterization of your discharge to
honorable or general because of the seriousness of your lengthy
period of UA from the Marine Corps.
The Board noted that your
discharge was changed to a clemency discharge, but concluded that
recharacterization to honorable or under honorable conditions was
not warranted.
concluded your clemency discharge was proper as issued and no
change is warranted.
Accordingly, your application has been
denied.
Given the circumstances of your case, the Board
’
The Board also noted that you may contact Headquarters, United
States Marine Corps, Deputy Chief of Staff for Manpower and
Reserve Affairs
3280 Russell Road, Quantico,
correction of your discharge certificate and/or issuance of a
discharge certificate to reflect the issuance of a clemency
discharge.
Separation Section
VA 22134-5103 to request a
(M&RA) Department,
(MMSR-3),
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.
2
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
3
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