DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SUN
Docket No: 12776-09
16 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 14 September 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 7 May 1970. The Board found that you received four
nonjudicial punishments (NJP’s) for three periods of unauthorized
absence (UA) totaling 12 days and absence from your appointed
place of duty. You were also convicted by special court-martial
(SpcM) of four specifications of UA totaling 176 days. You were
sentenced to confinement at hard labor, a forfeiture of pay, a
reduction in paygrade, and a bad conduct discharge (BED) «
However, the convening authority suspended your BCD for the
period of confinement plus 12 months thereafter. Unfortunately,
you had two additional periods of UA totaling 66 days.
Subsequently, on 11 April 1974, you received the BCD after
appellate review was completed. On 30 June 1977, your initial
discharge was changed and you were awarded a clemency discharge
(CD) pursuant to Presidential Proclamation 4313.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, overall record of service, and contention of racism.
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 opportunity for retention and
to earn a better characterization of service when your BCD was
suspended and you were placed on probation. Finally, the Board
noted that you received a pardon and a CD under the Presidential
Proclamation Clemency Program. However, neither the Department
of Veterans Affairs (DVA) nor the Department of Defense considers
a recipient of a CD to be entitled to any benefits denied by
reason of the original discharge. The Board concluded that a
further change, which would make you eligible for DVA benefits,
was not warranted. Concerning your contention of racism, there
is no evidence in the record to support it, and you submitted no
such evidence. 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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