DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 1912-07
26 August 2008
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 26 August 2008. Your allegations of error and
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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 7 January 1965 at age 17.
You served for a year and seven months without disciplinary
incident, however, on 23 August 1966, you received nonjudicial
punishment (NJP) for wrongfully igniting an illumination grenade.
During the period from 12 May to 17 November 1967 you were
convicted by special court-martial (SPCM) of a 10 day period of
unauthorized absence (UA) and received NJP on two more occasions
for absence from your appointed place of duty and wrongful
possession of a firearm. On 29 April 1968 you received your
fourth NUP for failure to obey a lawful order.
On 11 September 1969 you were convicted by SPCM of a 227 day
period of UA and sentenced to confinement at hard labor for five
months, a $410 forfeiture of pay, reduction to paygrade E-1, and
a bad conduct discharge (BCD). Shortly thereafter, you waived
your right to request restoration to duty and further requested
that the BCD be immediately executed. Subsequently, the BCD was
approved at all levels of review and on 9 December 1969 you were
so discharged. Nonetheless, upon Satisfactory completion of
reconciliation service, you were issued a Certificate of
Completion from the Selective Service System. On 1 November
1975, 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.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and request to upgrade your discharge. Nevertheless,
seriousness of your misconduct and lengthy period of UA from the
Marine Corps. Further, the Board concluded that although your
discharge was changed to a clemency discharge, recharacterization
to honorable or general under honorable conditions was not
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 PF
Executive extor
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