Search Decisions

Decision Text

NAVY | BCNR | CY2002 | 04976-02
Original file (04976-02.pdf) Auto-classification: Denied
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



Similar Decisions

  • NAVY | BCNR | CY2009 | 12776-09

    Original file (12776-09.pdf) Auto-classification: Denied

    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. Nevertheless, the Board found that these factors were not sufficient to warrant recharacterization of your discharge given the seriousness of your misconduct that resulted in three NUP’s, conviction by SPCM for periods of UA totaling over five months, and the fact that you were given an...

  • NAVY | BCNR | CY2010 | 01386-10

    Original file (01386-10.pdf) Auto-classification: Denied

    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. On 24 February 1970 you were So discharged. 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.

  • NAVY | BCNR | CY2008 | 08002-08

    Original file (08002-08.pdf) Auto-classification: Denied

    panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 17 June 2009. 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. , Finally, the Board noted that you were issued a clemency discharge under the provisions of PP-4313, but concluded that a further change, which would make you...

  • NAVY | BCNR | CY2008 | 00162-08

    Original file (00162-08.pdf) Auto-classification: Denied

    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. During this 105 day period of UA you were also declared a deserter. 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.

  • NAVY | BCNR | CY2010 | 03003-10

    Original file (03003-10.pdf) Auto-classification: Denied

    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. A year later, on 28 November 1969, you were convicted by SPCM of a 268 day period of UA. On 2 March 1970 you submitted a written request for remission of the BCD and to be issued a general discharge.

  • NAVY | BCNR | CY2011 | 04170-11

    Original file (04170-11.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 7 February 2012. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...

  • NAVY | BCNR | CY2009 | 02936-09

    Original file (02936-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 December 2009. On 16 October 1974, you requested to be voluntarily discharged from the Marine Corps for the good of the service, under the provisions of Presidential Proclamation 4313. 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.

  • NAVY | BCNR | CY1999 | Document scanned on Thu Dec 28 08_47_42 CST 2000

    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. and approved, the BCD was ordered executed. Given all the circumstances of your case the The Board further considered However, the Board found the evidence and The names and votes of the members of the panel will be furnished upon request.

  • ARMY | BCMR | CY2010 | 20100010876

    Original file (20100010876.txt) Auto-classification: Denied

    The applicant requests, in effect, that his Undesirable Discharge be upgraded to an Honorable Discharge. He was advised that, in order to participate in the program, he must agree to participate in the President’s Program; agree to reaffirm his allegiance to the United States; and pledge to perform alternate service for a period not to exceed 24 months (this portion of the program was administered by the Selective Service System and entailed performance of work in jobs that promoted the...

  • ARMY | BCMR | CY2006 | 20060003601C070205

    Original file (20060003601C070205.doc) Auto-classification: Denied

    The letter indicates that Presidential Proclamation 4313 further provided that those servicemen who satisfactorily completed an assigned period of alternate service of not more than 24 months would be issued a Clemency Discharge Certificate. There is no evidence of record which indicates he applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge. There is no evidence of record which indicates the applicant’s records were reviewed for an upgrade of his discharge...