DEPARTMENTOFTHE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
WMP
Docket No:
11 December 2002
4976-02
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 4 December 2002.
injustice were reviewed in accordance with administrative
regulations and procedures applicable to the proceedings of this
Board.
of your application, together with all material submitted in
support thereof, your naval record and applicable statutes,
regulations and policies.
Documentary material considered by the Board consisted
Your allegations of error and
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 Navy on 1 March 1967
for four years at age 18.
Your record shows that you served
without incident until 18 June 1969, when you received
nonjudicial punishment
place of duty.
duty.
The punishment imposed was 15 days of extra
(NJP) for failure to go to your appointed
On 30 July 1969 you received NJP for a 15 day period of
unauthorized absence from 23 June to 8 July 1969.
The
punishment imposed was forfeitures of $108 per month for two
months, 30 days of restriction and extra duty, and a reduction
in rate.
Your record reflects that you were an unauthorized absentee from
1 August 1969 to 9 April 1970, a period of 251 days.
On 4 May
1970 you were convicted by a special court-martial of this
period of unauthorized absence.
confinement at hard labor for four months, forfeitures of $40
per month for four months, a reduction in rate, and a bad
conduct discharge.
approved the adjudged sentence.
completion of appellate review,
discharge.
On 19 October 1970, upon
you received the bad conduct
On 9 June 1970, the convening authority
You were sentenced to
On 21 March 1976, the Chief of Naval Personnel (CNP), pursuant
to Presidential Proclamation 4313 issued you a Clemency
Discharge (CD).
the Department of Defense considers the recipient of a CD to be
entitled to any benefits denied by reason of the original
discharge.
The presidential pardon that accompanied a CD merely
had the effect of removing certain civil disabilities resulting
from a court-martial conviction.
Neither the Veteran's Administration (VA) or
However, the Board concluded that your
In its review of your application the Board carefully weighed
all potentially mitigating factors such as your youth,
immaturity and the fact that it has been over 32 years since
your discharge.
conviction of an lengthy unauthorized absence warranted severe
punishment, which the court-martial correctly imposed.
The
Board thus concluded that even though you received a CD based on
Presidential Proclamation 4313,
discharge was appropriate and should not be changed.
Accordingly, your application has been denied.
votes of the members of the panel will be furnished upon
request.
the original bad conduct
The names and
It is regretted that the circumstances of your case are such
that favorable action cannot be taken.
the Board reconsider its decision upon submission of new and
material evidence or other matter not previously considered by
the Board.
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.
You are entitled to have
In this regard,
Sincerely,
W. DEAN PFEIFFER
Executive Director
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