DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DG 20370-5100
TAL
Docket No: 11427-1090
27 July 2011
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 20 July 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
injustice.
You enlisted in the Marine Corps and began a period of active
duty on 30 December 1963 at age 17. On 14 August 1964, you were
convicted by special court-martial (SPCM) of unauthorized absence
(uA) from your unit for a period of 39 days. The sentence
imposed was a forfeiture of pay and confinement for three months,
which was suspended for six months. On 9 February 1965, you were
convicted by SPCM of UA from your unit for a period of 102 days
and missing ship’s movement. The sentence imposed was
confinement for six months, a forfeiture of pay and a bad conduct
discharge (BCD). The BCD was suspended for six months. On
28 June 1965 you were UA from your unit for a period of 67 days
until you were apprehended and returned to military control on
3 September 1965. On 24 September 1965 the separation authority
vacated the BCD imposed by SPCM of 9 February 1965. On 1 October
1965, you were sO discharged. You requested a clemency discharge
under the provisions of Presidential Proclamation 4313. You
fulfilled the requirements of the Presidential Clemency Program
and on 14 July 1977, 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 two SPCMs and periods of UA that totaled more than
six months. The Presidential Clemency Board issued you a
clemency discharge based upon your completion of alternate
service 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. Finally, the Board
noted that the characterization on your Certificate of Release or
Discharge from Active Duty (DD Form 214) incorrectly reflects an
other than honorable characterization; you were discharged with a
BCD. However, to correct the record to show that you were
separated with the BCD would be to your detriment, and the
Board’s regulations preclude such a change. Accordingly, your
application has been denied. The names and votes of the members
of the panel will be furnished upon request.
It igs regretted that the circumstances of your case are such that
favorable action cannot be taken. You are entitled to have the
Roard 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,
Yer
Executive Di
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