DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 162-08
i December 2008
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title 10, 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 25 November 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
injustice.
You enlisted in the Marine Corps on 12 July 1967 at age 17. You
served for nearly a year without disciplinary infraction, but on
19 September 1968 you received nonjudicial punishment (NUP) for a
48 day of unauthorized absence (UA). The punishment imposed was
a $25 forfeiture of pay, extra duty for 45 days, and a reduction
to paygrade E -1l.
On 18 April 1969 you were convicted by a special court-martial
(SPCM) of three periods of UA totalling 83 days and breaking
restriction. About six months later, on 21 October 1969, you
were again convicted by SPCM of a 141 day period of UA. You were
sentenced to confinement at hard labor for five months and a bad
conduct discharge (BCD).
On 6 March 1970 you began another period of UA that was not
terminated until you were apprehended on 19 June 1970. During
this 105 day period of UA you were also declared a deserter.
Nonetheless, the record does not reflect the disciplinary action
taken for this misconducl. On 23 June 1970 you clected to waive
your right to request restoration to duty and requested immediate
execution of the BCD. Your request stated, in part, that you
couldn't adjust to military life, felt that the longer you were
retained, the more trouble you would be in, and had not
accomplished anything that would be useful in civilian life.
Subsequently, the BCD was approved at all levels of review, and
on 10 July 1970 you were issued a BCD.
Approximately six years after being discharged, and upon
satisfactory completion of alternate service, your initial
discharge (the BCD) was changed and you were awarded a clemency
discharge 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, post service conduct, and desire to upgrade your
discharge. It also considered your assertion that your periods
of UA were due to family problems. Nevertheless, these factors
were not sufficient to warrant recharacterization of your
discharge given the frequency and seriousness of your misconduct
lengthy periods of UA and request for immediate execution of your
discharge. Further, your discharge was changed to a clemency
discharge, but the Board concluded that recharacterization to
honorable or 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.
Sc
Waa’ DEAN PF
Executive e i
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