DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 12600-09
2 September 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 18 August 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 entered active
duty in the Marine Corps on 4 June 1968. You received
nonjudicial punishment for an unauthorized absence (UA) of one
day and disrespect. You were convicted at a special court-
martial of UA (451 days). Your sentence included a bad conduct
discharge (BCD). On 20 January 1972, after appellate review,
you received the BCD. By letter dated 12 December 1975, a copy
of which is enclosed, you were granted a clemency discharge for
your UA offense pursuant to Presidential Proclamation 4313, a
copy of which is enclosed. Your clemency discharge does not
entitle you to any benefits provided by the Department of
veterans Affairs. You were given a Clemency Discharge (DD Form
1953N), however, the form itself was cancelled on 7 August
1987, so I cannot provide you with a copy for your files.
In its review of your application, the Board carefully weighed
all potentially mitigating factors, such as your youth, Vietnam
service, and desire for veterans’ benefits. However, the Board
concluded that your clemency discharge should not be changed to
a general characterization of service with benefits due to your
lengthy period of UA. In view of the above, 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
Laas .
Sincerely,
W. DEAN PF
Executive r or
Enclosures
NAVY | BCNR | CY2010 | 01386-10
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. On 24 February 1970 you were So discharged. 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.
NAVY | BCNR | CY2009 | 12776-09
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. 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 three NUP’s, conviction by SPCM for periods of UA totaling over five months, and the fact that you were given an...
NAVY | BCNR | CY2009 | 13048-09
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. On 11 June 1971, you were separated with a BCD and an RE-4 reenlistment code due to your conviction at a GCM. 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.
NAVY | BCNR | CY2010 | 01320-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 27 October 2010. 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. On 17 October 1986, you submitted a written request for an other than honorable (OTH) discharge in order to avoid trial by court-martial for...
NAVY | BCNR | CY2009 | 03027-09
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. 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. Consequently, when applying for a correction of an official naval record,...
NAVY | BCNR | CY2001 | 06289-00
written requests for immediate execution of the BCD. concluded these factors and contention were not sufficient to warrant recharacterization of your discharge because of the serious nature of your misconduct and your requests for immediate execution of the discharge instead of a request for rest-ration to duty. Further, the Board noted the letter to you from However, the Board Given the circumstances of your case, the Board Finally, the Board did note that as a result of your...
NAVY | BCNR | CY2010 | 00340-10
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 21 September 2010. 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. Your record is incomplete, but it appears that you requested an other than honorable (OTH) discharge for the good of the service to avoid trial...
NAVY | BCNR | CY2010 | 11427-10
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. You requested a clemency discharge under the provisions of Presidential Proclamation 4313. 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.
NAVY | BCNR | CY2009 | 10686-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 July 2010. 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. 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.
NAVY | BCNR | CY2010 | 00643-10
DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 BAN Docket No: 000643-10 25 October 2010 This is in reference to your application for correction of your naval record pursuant to the provisions of Title 10, United States Code, Section 1552. 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. ...