DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100 CRS
Docket No: 6517-09
12 November 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 10 November 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 that the evidence submitted was
insufficient to establish the existence of probable material
error or injustice.
The Board found that you enlisted in the Marine Corps on 8 June
1964. You received nonjudicial punishment on two occasions for
offenses that included two periods of unauthorized absence.
A special court-martial convened on 28 December 1967 and found
you guilty of five periods of unauthorized absence. The court
sentenced you to confinement at hard labor for three months,
forfeiture of $40.00 per month for three months, reduction in
rank, and a bad conduct discharge. You were separated from the
Marine Corps with a bad conduct discharge on 14 March 1968.
On 24 March 1976 you were issued a clemency discharge, which
restored your civil rights but did not accord you veterans
benefits.
The Board did not accept your unsubstantiated contention to the
effect that your misconduct was related to the symptoms of
undiagnosed posttraumatic stress disorder. It concluded that in
view of your extensive record of misconduct, a bad conduct
discharge was appropriate in your case. Accordingly, and as you
have not demonstrated that it would be in the interest of justice
to upgrade your discharge as a matter of clemency your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
Tt is regretted that the circumstances of your case are such that
favorable action ¢annot be taken. You are entitled to have the
“Board reconsider its decision upon submission of new and material
vevidence 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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