DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 290-09
24 August 2009
This is in reference to your application for correction of your
naval record pursuant to the provisions of title 10 of the 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 5 August 2009. 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 navai record and applicable statutes, reguiations
and policies. -
After careful and conscientious consideration of the entire
record, the Board found that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Boaré found that you enlisted in the Marine Corps on 27 March
1969. You received five nonjudicial punishments and were
convicted by two summary courts-martial., The offenses included
unauthorized absences, failure to obey a lawful order, possession
of narcotic pharaphernalia, assault on two Marines, willful
disobedience of a lawful order, and disrespect.
On 27 March 1972 an administrative discharge board recommended
that you be Separated with an undesirable discharge by reason of
unfitness due to frequent involvement with military authorities.
After review by the discharge authority, the recommendation for
separation was approved and on 3 May 1972 you were discharged
with an undesirable discharge.
On 21 June 1976 you were issued a clemency discharge: That
action restored your civil rights but did not entitle you to
veteran's benefits.
The Board carefully considered your contention that your clemency
discharge had the effect of upgrading your discharge to
honorable. ‘the Board noted that a clemency discharge is not
equivalent to a yeneral or honorable discharge, and concluded
that it would not be in the interest of justice to correct your
record in such a manner that you would become entitled to
veteran’s benefits. 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 apolicant to demonstrate the
existence of probable material error or injustice.
Sincerely,
Lowen’
W. DEAN PFET
Executive Di
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