DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 04329-10
25 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. 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
inj uUpbiee:.
You enlisted in the Marine Corps on 27 February 1970, and served
without disciplinary incident until 29 September 1970, when you
received nonjudicial punishment (NJP) for unauthorized absence
(UA) in excess of 20 days. Shortly thereafter, you received the
following disciplinary actions: on 18 February 1971, you received
NgPp for UA and disobeying a lawful order; on 18 May 1971, you
were convicted at a summary court-martial of UA in excess of 13
days; and on 24 August 1971, you were convicted at a special
court-martial (SPCM) of three specifications of UA. Your
sentence at the SPCM included a bad conduct discharge (BCD).
Additionally, on 7 April 1971, you received a psychiatric medical
evaluation and were deemed to have an immature and severe
personality disorder. Therefore, mental health recommended a
general discharge due to your unsuitability for military service.
The Commanding General disapproved the recommendation. After
appellate review, on 2 June 1972, you were separated with a BCD
,
and an RE-4 reenlistment code. However, on 28 April 1976, you
were granted a full pardon by the President of the United States.
The Presidential Clemency Board issued you a clemency discharge
based upon your completion of alternate service. Presidential
Proclamation Act 4313 of 16 September 1974 provided for voluntary
alternative service under the auspices of the Reconciliation
Service Program, Selective Service System, for a specified
period. Upon completion of the alternative service, former
service members were granted a clemency discharge. This restored
civil rights although no veterans’ rights or benefits.
Therefore, if your intent was to receive an upgrade to your
discharge characterization from a clemency discharge to a general
jdischarge with behefits, the Board considered and denied that
request.
j ¥
{The Board, in #¥ts review of your entire record and application,
jcarefully weighed all potentially mitigating factors, such as
tyour claim that you should not be punished for being forced to
join the Marines at 17 years of age by your parents.
Nevertheless, the Board concluded that these factors were not
sufficient to warrant recharacterization of your discharge
because of your lengthy period of UA and prior misconduct.
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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