DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 13048-09
26 August 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.
A three-member panel of the Board for Correction of Naval
Records, sitting in executive session, considered your
application on 25 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 the evidence submitted was insufficient
to establish the existence of probable material error or
injustice.
You enlisted in the Marine Corps on 1 May 1967, and served
without disciplinary incident until 5 July 1969, when you were
convicted at a general court-martial (GCM) for two specifications
of unauthorized absence (UA) in excess of two and one-half
months, and 16 days. As a result, you were awarded a bad conduct
discharge (BCD).
On 11 June 1971, you were separated with a BCD and an RE-4
reenlistment code due to your conviction at a GCM. On 30 June
1977, pursuant to the Presidential Proclamation Act, you agreed
to serve alternate service and upon completion you were granted a
full pardon by the President of the United States. The
Presidential Clemency Board issued you a clemency discharge.
Presidential Proclamation 4313 of 16 September 1974, provided for
voluntary alternative service under the auspices of the
Reconciliation Service Program and the Selective Service System,
for a specified period. Upon completion of the alternative
service, former servicemembers would be granted a clemency
discharge. This restored civil rights although not veterans’
rights or benefits.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and belief that enough time has elapsed to warrant
upgrading your discharge. Nevertheless, the Board concluded
these factors were not sufficient to warrant a change to your
clemency discharge because of the seriousness of your misconduct.
Further, there is no provision in law or Navy regulations that
allows for recharacterization of service due solely to the
passage of time. 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,
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 | 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 | CY2002 | 03512-02
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. issued an undesirable discharge. 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 | 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 | CY2002 | 03380-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 5 November 2002. 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. On 26 January...
NAVY | BCNR | CY2010 | 04329-10
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. Upon completion of the alternative service, former service members were granted a clemency discharge. 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 | CY2008 | 04835-08
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 25 March 2009. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2009 | 02936-09
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 16 December 2009. On 16 October 1974, you requested to be voluntarily discharged from the Marine Corps for the good of the service, 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 | CY2014 | NR4249 14
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 14 April 2015. 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 served for two years and 11 months without disciplinary incident, but during the period from 4 February 1966 to 2 November 1968, you had...
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...