DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
‘ 2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL
Docket No: 1386-10
17 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 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 15 June 1967 at age 19. On 12 March 1968, you were
convicted by summary court-martial (SCM) of three instances of
failure to obey a lawful order and communicating a threat to
kill. On 10 September 1968, you were convicted by general court-
martial of insubordinate conduct toward a superior
noncommissioned officer and willfully disobeying a superior
officer. You were sentenced to one year confinement, forfeiture
of pay and a bad conduct discharge (BCD). The convening
authority suspended the forfeitures and the BCD for 12 months.
On 9 February 1969, you were convicted by SCM of unauthorized
absence (UA) from your unit for a period of six days. On
22 October 1969, you received nonjudicial punishment (NJP) for UA
from your appointed place of duty. On 14 January 1970, you were
again convicted by SCM of a 44 day period of UA from your unit.
On 12 February 1970, the convening authority vacated the
suspended BCD. On 24 February 1970 you were So discharged. You
requested a clemency discharge under the provisions of
Presidential Proclamation 4313. You fulfilled the requirement of
the Presidential Clemency Program and on 23 January 1976, 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 one NUP, three SCMs and one GCM. The Board noted
that although the BCD was suspended for 12 months, on 12 February
1970 this suspension was vacated due to your continued
‘misconduct. Finally, the Presidential Clemency Board issued you
#a clemency discharge based upon your completion of alternate
%ervice 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
existence of probable material error or injustice.
Sincerely,
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