DEPARTMENT OF THE NAVY
BCARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 02720-0393
29 December 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 9 December 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 naval record, and applicable statutes, regulations,
and policies.
Biter 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 and began a period of active
duty on 17 August 1966 at age 17. On 8 March 1967, you were
convicted by special court-martial (SPCM) of a 72 day period of
unauthorized absence (UA) from your unit. On 17 April 1967, you
were UA from your unit for a period of 64 days until you were
apprehended on 20 June 1967. On 21 June 1967, you were UA £rom
your unit for a period of 43 days until you were apprehended on 3
August 1967. On 28 August 1967, you were UA from your unit for a
period of 224 days until you were apprehended on 8 April 1968.
On 31 May 1968, you were UA from your unit for a period of 466
days; this period began with your escape from the Camp Pendleton
brig. On 4 June 1968, you were apprehended by civilian
authorities pending charges and on 26 July 1968, you were
convicted in civilian court of burglary and served 90 days in
sheriff's custody. Based on the information currently contained
in your.record it appears that you did not return to your command
when released by the San Diego County Sheriff but remain UA until
you were apprehended on 10 September 1969. On 5 November 1969,
you began a period of UA from your unit. On 16 September 1970,
your command was notified that you were in the hands of civil
DE EEE? ee
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authorities in Mansfield, Chio and on 25 September 1970, you were.
convicted of larceny of an automobile: and sentenced to one to 20
years in jail. Based on this conviction you were notified that
administrative separation action was initiated by reason of
Misconduct due to a civil conviction and you elected to waive
your rights to consult counsel, submit a statement or have your
case heard by an administrative discharge board (ADB). On 17°
November 1970, your commanding officer forwarded his
recommendation that you be discharged under undesirable
conditions for misconduct, On 1 December 1970, the separation
authority directed an undesirable discharge by reason of
misconduct. On 11 December 1970 you were so discharged.
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth and
overall record of service. Nevertheless, the Board found that
these factors were not sufficient to warrant recharacterization
of your discharge given the seriousness of your misconduct that
resulted in two civil convictions and periods of UA that totaled
more than three years and nine months. Finally, the Board noted
that on 12 August 1976 the Presidential Clemency Board issued you
a clemency discharge based upon your completion of alternate
service pursuant to Presidential Proclamation 4313. However,
this recharacterization does not entitle you to benefits
administered by the Department of Veterans Affairs (DVA). The
Board concluded that a further change, which would make you
eligible for DVA benefits, 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 régretted 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,
RBS RO
Fen W. DEAN PFEIFFER
Executive Director
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