DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SIN
Docket No: 04246-09
29 March 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 23 March 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 reenlisted in the Marine Corps on 24 April 1972 after three
years of honorable service. On 14 August and 20 December 1972,
you received nonjudicial punishment (NUJP} for four periods of
unauthorized absence (UA) totaling three days. During the period
from 9 May to 18 October 1973, you had three periods of UA
totaling 163 days. On 7 November 1973, you submitted a written
request for a good of the service discharge in order to avoid
trial by court-martial for three periods of UA, disrespect, and
Cwo specifications of disobedience. Prior to submitting this
request for discharge, you conferred with a qualified military
lawyer, were advised of your rights, and were warned of the
probable adverse consequences of accepting such a discharge.
Your request for discharge was granted and you received an other
than honorable discharge for the good of the service in lieu of
trial by court-martial on 5 December 1973. As a result of this
action, you were spared the stigma of a court-martial conviction
and the potential penaities of a punitive
discharge and confinement at hard labor. However, on 28 June
1976, after satisfactorily completing alternative service
pursuant to Presidential Proclamation 4313, your initial
discharge was changed and you were awarded a clemency discharge
(CD).
The Board, in its review of your application, carefully weighed
all potentially mitigating factors, such as your youth, prior
honorable service to include time served in Vietnam, and record
of your last period of service. Nevertheless, the Board found
that these factors were not sufficient to warrant
recharacterization of your discharge given the frequency and
seriousness of your misconduct. Finally, the Board noted that
you received a pardon and a CD. 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. Accordingly, your application has been denied. The
names and votes of the members of the panel will be furnished
upon request.
The Board believes that you may be eligible: for veterans’
benefits that accrued during your first period of service.
Whether or not you are eligible for benefits based on either
period of service is a matter under the cognizance of the
Department of Veterans Affairs (DVA). If you have been denied
benefits, you should appeal that denial under procedures
established by the DVA.,
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,
Lace of
W. DEAN PFE
Executive D or
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