DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TJR
Docket No: 4170-11
10 February 2012
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 7 February 2012. 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.
The Board found you enlisted in the Marine Corps on 7 July 1969
at age 17 and began a period of active duty. You served without
disciplinary incident until 8 January 1970, when you received
nonjudicial punishment (NJP) for misbehavior as a sentinel. On
12 November 1970 you received NUP for a four day period of
unauthorized absence (UA). On 23 March 1971 you received NJP for
sleeping on post, and on 29 October 1971, you received your
fourth NUP for failure to obey a lawful order.
On 21 July 1972 you were convicted by special court-martial
(SPCM) of a 33 day period of UA and wrongful possession of
Marijuana. You were sentenced to confinement at hard labor for
two months, a $384 forfeiture of pay, reduction to paygrade E-1,
and a bad conduct discharge (BCD). During the period from 19 to
30 October 1972 you were again in a UA status for 12 days.
Nonetheless, on 22 November 1972, you submitted a written request
for immediately execution of the BCD. Subsequently, the BCD was
approved at all levels of review, and on 14 December 1972 you
were so discharged.
Your record further reflects that on 16 June 1977, in accordance
with a recommendation of the Presidential Clemency Board, your
BCD was changed and you were awarded a clemency discharge
pursuant to Presidential Proclamation 4313.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your youth, post service conduct, and character reference
letters. Nevertheless, these factors were not sufficient to
warrant recharacterization of your discharge because of the
seriousness of your repetitive misconduct which included drug
abuse and resulted in four NUJPs and a court-martial conviction.
The Board noted that the BCD was changed to a clemency discharge,
but concluded that a further change was not warranted, and as
such concluded your clemency discharge was proper as issued.
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 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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