DEPARTMENT OF THE NAVY
BOARD FOR C O R R E C T I O N O F NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON D C 2 0 3 7 0 - 5 1 00
TRG
Docket No: 7265-02
29 May 2003
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 28 May 2003. 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.
You enlisted in the Marine Corps on 7 August 1962 at age 18.
During the period 13 March to 28 April 1963 you received three
nonjudicial punishments (NJPs). Your offenses were three periods
of unauthorized absence totaling about five days. You were then
convicted by special courts-martial on 13 August 1963 and 8
January 1964 of three periods of unauthorized absence totaling
about 81 days. On 14 August 1964 you received NJP for being
drunk in public.
During the period 15 October 1964 to 22 May 1965, you served with
a battalion landing team in support of operations in Vietnam and
were awarded the Combat Action Ribbon. You also received NJP
for missing formation. On 9 August 1965, you received your sixth
NJP for an improper haircut.
A third special court-martial convened on 5 November 1965 and
convicted you of an unauthorized absence of about 31 days. The
court sentenced you to reduction to pay grade E-1, forfeiture of
$75 pay per month for six months, confinement at hard labor for
six months and a bad conduct discharge. The bad conduct
discharge was issued on 4 April 1966.
On 31 October 1975 you were issued a Presidential Pardon.
Subsequently, in a related action, you were issued a DD Form 215
showing that you received a clemency discharge.
In its review of your application the Board carefully weighed all
potentially mitigating factors, such as your youth, limited
education and Vietnam service. The Board also considered your
contention that you should be entitled to veterans' benefits
because of the Presidential Pardon. The Board found that these
factors and contentions were not sufficient to warrant
recharacterization of your discharge given your extensive
disciplinary record. The Board believed that after being
convicted by two prior special courts-martial of periods of
unauthorized absence, you had to know the consequences of further
periods of uhauthorized absence. Therefore, your last period of
unauthorized absence was considered to be indicative of willful
misconduct.
The Presidential Pardon and ensuing Clemency Discharge
essentially mean that you have been forgiven for your misconduct.
However, they do not change the fact that you were initially
discharged as a result of a court-martial conviction and they do
not establish eligibility for veterans' benefits. The Board
concluded that your discharge was proper as issued and no change
is warranted.
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,
W. DEAN PFEIFFER
Executive Director
NAVY | BCNR | CY2002 | 03380-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2002. 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. On 26 January...
NAVY | BCNR | CY1999 | 01501-99
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 1999. The Board noted that despite the fraudulent entry during your first period of service, you were honorably discharged and recommended for reenlistment. 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 | CY2009 | 03027-09
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 your record of three NUP’s and conviction by two SCM’s and one SPCM for serious misconduct. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2001 | 08189-00
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 June 2001.. injustice were reviewed in accordance with administrative regulations and procedures applicable Board. to go to your appointed special court-martial (SPCM) of failure place of duty and were sentenced to hard labor for a month and a $60 forfeiture of pay. paygrade E-l and restriction for 15 convicted by summary court-martial (SCM) of disobedience and...
ARMY | BCMR | CY2007 | AR20070003716C071029
The applicant requests, in effect, that his undesirable discharge be upgraded to an honorable discharge under the Presidential Proclamation. There is also no evidence in the available record that show that he ever completed alternate service; that he was ever granted a presidential pardon; or that he was ever awarded a clemency discharge in accordance with the Presidential Proclamation. 360 |144.0000/ADMINISTRATIVE DISCHARGE | |2.
NAVY | BCNR | CY2001 | 00327-01
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. However, during the seven month period from March 1973 to October 1973 you received four nonjudicial punishments ( N J P ) and were convicted by a summary court-martial. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...
NAVY | BCNR | CY2002 | 00642-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 10 July 2002. injustice were reviewed in accordance with administrative regulations and procedures'applicable to the proceedings of this Board. a forfeiture of $33 and 14 days of restriction. 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 | 11427-10
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. You requested a clemency discharge 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 | CY2002 | 01492-02
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.You enlisted in the Marine Corps on 14 September 1963 for four years at age 17. However, the Board...
NAVY | BCNR | CY2007 | 01912-07
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 the evidence submitted was insufficient to establish the existence of probable material error or injustice. During the period from 12 May to 17 November 1967 you were convicted by special court-martial...