DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
REC
Docket No: 03027-09
27 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 26 January 2010. 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 Navy on 6 April 1964, at the age of 17. On
11 April 1966, you received nonjudicial punishment (NUP) for
being in an unauthorized absence (UA) status. On 9 May 1966, you
received NJP for unknown charges. On 18 May 1966, you were
convicted at a summary court-martial (SCM) for being absent from
your appointed place of duty. You were sentenced to a reduction
in pay grade to E-2, restriction for 30 days, and extra duty for
14 days. On 15 July 1966, you were convicted at a second SCM for
failing to go to your appointed place of duty. You were
sentenced to a reduction in pay grade to E-1, and confinement at
hard labor for 30 days. You were counseled and warned that
further misconduct could result in administrative discharge
action. On 24 January 1967, you were convicted at a special
court-martial (SPCM) for two occasions of being UA totaling 93
days, wrongfully having possession of another military member’s
military identification card and having possession of some other
Service member's liberty card. You were sentenced to forfeiture
of $86, confinement at hard labor for five months and a bad
conduct discharge (BCD). On 21 September 1967, you received a
third NIP for an additional period of UA totaling 50 days and
failure to follow a lawful order. After appellate review, on
4 October 1967, you received the BCD. On 4 November 1975, you
received pardon under Presidential Proclamation 4313.
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 your record of three NUP’s and conviction
by two SCM’s and one SPCM for serious misconduct. Further, the
Board noted that you ultimately received a pardon. However, this
pardon 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 due to the seriousness of your offenses,
especially your last lengthy UA. The Board believed that you
received considerable clemency when your BCD was pardoned.
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,
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