DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 3003-10
26 January 2011
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 20 January 2011. The names and votes of the
members of the panel will be furnished upon request. 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 Navy on 29 January 1965 at age 17. You
served for two years and two months without incident. However,
during the period from 3 March to 2 November 1967 you received
nonjudicial punishment (NJP) on two occasions and were convicted
by summary court-martial (SCM). Your offenses were two
specifications of drunk and disorderly conduct, disrespect, and a
two day period of unauthorized absence (UA).
During the period from 5 January to 21 November 1968 you received
NIP for a four day period of UA and missing the movement of your
ship. You were also convicted twice by special court-martial
(SPCM) and by a SCM of six periods of UA totalling 135 days, two
specifications of missing the movement of your ship, and two
specifications of breaking restriction. A year later, on 28
November 1969, you were convicted by SPCM of a 268 day period of
UA. You were sentenced to confinement at hard labor for five
months, reduction to paygrade E-1, a $400 forfeiture of pay, and
a bad conduct discharge (BCD).
On 2 March 1970 you submitted a written request for remission of
the BCD and to be issued a general discharge. However, your
request was denied. Subsequently, the BCD was approved at all
levels of review and on 30 September 1970 you were issued a BCD.
Approximately six years later, on 12 March 1976, your initial
discharge was changed and you were awarded a clemency discharge
pursuant to Presidential Proclamation 4313 (PP 4313).
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth and desire to upgrade your discharge. Nevertheless,
these factors were not sufficient to warrant recharacterization
of your discharge given the frequency and seriousness of your
misconduct which resulted in three NUPs and five court-martial
convictions. Further, the Board noted that your characterization
of service was changed under the provisions of PP 4313 but
concluded that a further change, which would make you eligible
for Department of Veterans Affairs (DVA) benefits, was not
warranted. Accordingly, your application has been denied.
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 efficial 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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