DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL .
‘Docket No: 02936-09
8 January 2010
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 16 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.
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 and began a period of active
yGaaty..on..15..December 1969 at age 19. On 22 January 1970, you
“received nonjudicial punishment (NJP} for unauthorized absence
(UA) from your unit. On 27 January 1970, you received NUP for UA
from your unit. On 29 January 1970, you received NUP for UA from
your unit. On 2 February 1970, you received NUP for a three day
period of UA from your unit, escaping from military custody and
destroying public records (confinement orders). On 5 May 1970,
you were convicted by summary court-martial (SCM) for a 27 day
period of UA from your unit, impersonating a petty officer and
larceny. On 28 May 1970, you began a 107 day period of UA which
ended when you were apprehended on 12 September 1970. On 5
October 1970, you began a 270 day period of UA which ended when
you were apprehended on 2 July 1971. On 11 August 1971, you
began a 1,260 day period of UA which ended when you surrendered
on 15 October 1974. On 16 October 1974, you requested to be
voluntarily discharged from the Marine Corps for the good of the
service, under the provisions of Presidential Proclamation 4313.
On 16 October 1974, the separation authority approved and
directed an other than honorable discharge for the good of the
service.
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 four NUJPs and one SCM and periods of UA that totaled
more than four years and four months. Finally, the Board noted
that based on the information currently contained in your record
it appears 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 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,
\ dug
-W. DEAN P
Executive ctor
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