DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TAL
Docket No: 10686-09
23 July 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 14 July 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 Marine Corps and began a period of active
duty on 20 September 1967 at age 19. On 15 October 1968, you
were convicted by special court-martial (SPCM) for unauthorized
absence (UA) from your unit for a period of 207 days. From
19 November 1968 until 2 November 1970 you were UA from your unit
on four occasions for a period totaling 652 days. On 15 December
1970, you submitted a written request to be discharged for the
good of the service to avoid trial by court-martial for the
periods of UA. 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.
Subsequently, your commanding officer forwarded his
recommendation that you be discharged for the good of the service
with an other than honorable (OTH) discharge. On 5 January 1971,
you received the OTH discharge for the good of the service. As a
result of thig action, you were spared the stigma of a court-
Martial conviction and the potential penalties of a punitive
discharge and confinement at hard labor. You requested a
clemency discharge under the provisions of Presidential |
Proclamation 4313. You fulfilled the requirement of the
Presidential Clemency Program and on 22 October 1975, your
clemency discharge certificate was issued.
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 periods of UA that totaled more than two years and
four months. Finally, 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
éxistence of probable material error or injustice.
Sincerely,
W. DEAN PERT
. Executive r or
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