DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 7625-07
9 July 2008
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 8 July 2008. 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 the evidence submitted was insufficient
to establish the existence of probable material error or
however, on 23 and 27 September 1966, you received nonjudicial
punishment for absence from your appointed place of duty and
failure to obey a lawful order.
months, a $388 forfeiture of pay, and a bad conduct discharge
(BCD). Shortly thereafter, on 9 May and 20 June 1969, you waived
your right to request restoration to duty and further requested
that the BCD be immediately executed because you believed that if
you were restored to duty, you would only go UA again. On 27
June 1969, after the BCD was approved at all levels of review,
you were issued a BCD. Nonetheless, upon satisfactory completion
of reconciliation service, you were issued a Certificate of
Completion from the Selective Service System. 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. ,
Nevertheless, the Board concluded these factors were not
sufficient to warrant recharacterization of your discharge given
the frequency and seriousness of your lengthy periods of UA from
the Navy during a time of war. Further, the Board noted that
your discharge was changed to a clemency discharge, but concluded
that 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 ir Oo
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