DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJIR
Docket No: 1178-09
24 June 2009
Dear aime
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 17 June 2009. The names and votes of the
members of the panel will be furnished upon request. 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 3 August 1964 at age i8 and
served for a year and seven months without disciplinary incident.
However, on 7 March 1966, you were convicted by summary court -
martial (SCM) of a nine day period of unauthorized absence (UA)
and missing the movement of your ship. About a year and six
months later, on 12 September 1967, you were convicted by special
court-martial (SPCM) of a 78 day period of UA.
On 2 April 1968 you were convicted by SPCM of a 107 day period of
UA and sentenced to confinement at hard labor for six months, a
$360 forfeiture of pay, and a bad conduct discharge (BCD). On i
May 1968 the Board of Review (BOR) suspended the BCD for a total
of 12 months due to your performance of meritorious service in
the Republic of Vietnam. However, on 6 December 1968, you were
again convicted by SPCM of a 64 day period of UA, and on 10
January 1969 the BOR vacated the suspended BCD. As a result, on
5 May 1969, you were issued a BCD. Approximately eight years
later, on 23 June 1977, your initial discharge was changed due to
your completion of alternate service, and you were awarded a
clemency discharge pursuant to Presidential Proclamation 4313
(PP-4313).
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge so that you may
obtain veterans’ benefits. It also considered your assertion
that your discharge was due to family, financial, and mental
problems. Nevertheless, these factors were not sufficient to
warrant recharacterization of your discharge given the frequency
and seriousness of your lengthy periods of UA from the Marine
Corps. 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 eligible for benefits, was
mot warranted. Accordingly, your application has been denied.
Tt 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,
Svea lf
W. DEAN P R
Executive rector
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