DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TIR
Docket No: 8002-08
24 June 2009
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 12 March 1969 at age 18 and
began a period of active duty on 28 May 1969. You served without
disciplinary incident until 10 July 1970, when you were convicted
by special court-martial (SPCM) of a 111 day period of
unauthorized absence (UA).
On 6 January 1972 you were again convicted by SPCM of a 63 day
period of UA. Six months later, on 19 July 1972, you received
nonjudicial punishment (NJP) for absence from your appointed
place of duty. Shortly thereafter, on 7 September 1972, you were
convicted by SPCM of five periods of UA totalling 62 days. You
were sentenced to reduction to paygrade E-1, confinement for 75
days, a $750 forfeiture of pay, and a bad conduct discharge
(BCD). On 28 September 1972 you were convicted by summary court~-
martial (SCM) of wrongful possession of marijuana.
On 20 November 1972 you submitted a written request for a general
discharge, in which you stated, in part, that the BCD would make
you ineligible for veterans’ benefits. However, on 22 November
1972, this request was denied. Subsequently, the BCD was
approved at all levels of review and on 6 December 1973 you were
so discharged.
On 10 August’ 1976, upon completion of alternate service, you were
awarded a clemency discharge pursuant to the provision of the
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, post service conduct, and desire to upgrade your
discharge. Nevertheless, the Board concluded these factors were
not sufficient to warrant recharacterization of your BCD because
of the seriousness of your repetitive misconduct which resulted
in NUP and four court-martial convictions. , 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 not warranted.
Accordingly, your application has been denied.
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 gubmission 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,
\ doa
W. DEAN P
Executive \Dikéctor
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