DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 5S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2480
TIR .
Docket No: 4181-12
14 March 2013
This is in. reference to your application for correction of your
haval 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 12 March 2013. 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 Marine Corps on 26 June 1969 at age 17. You
served without disciplinary incident until 5 May 1971, when you
received nonjudicial punishment (NUP) for a seven day period of
unauthorized absence (UA). On 15 June 1971 you submitted a
written request for a hardship discharge which was subsequently
disapproved. On 21 July 1971 you received NJP for absence from
your appointed place of duty and dereliction of duty.
During the period from 9 August to 24 October 1971 you were ina
UA status on two occasions. As a result, you submitted a written
request for separation in lieu of court-martial for the good of
the service. On 16 November 1971 the discharge authority
disapproved this request and the charges were referred for trial.
On 22 November 1971 you were convicted by special court-martial
(SPCM) of two periods of UA totalling 46 days, You were
sentenced to confinement at hard labor for three months;-- -
reduction to paygrade E-1, and a bad conduct discharge (BCD).
Your record reflects that on 9 December 1971 a letter was
forwarded to your mother which stated in part, that normally a
BCD-would not have been awarded in your case, but you requested
it because you felt it was in your best interest. Nonetheless,
on 3 February 1972, you submitted a written request for clemency,
specifically, restoration to duty. On 29 March 1972 this request
was denied because of your disciplinary, actions during your
period of confinement. Subsequently, the BCD was approved at all
levels of review and on (28 April 1972 you were so discharged.
- Your record reflects that on 4 November 1975 you were granted a
full pardon and your initial discharge was changed. In this
regard, on 19 November 1975, you were awarded a clemency
discharge punsuane 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 desire to upgrade your
discharge for medical benefits. It also considered your
assertion that your punishment did not fit the offenses (crime)
for which you received the BCD. Nevertheless, these factors were
not sufficient to warrant relief in your case because of the
. seriousness of your misconduct and lengthy period of UA from the
Marine Corps which resulted in a SPCM. Further, the Board noted -
that your discharge was changed under the provisions of
Presidential Proclamation 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 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,
W. DEAN PFETRF
Executive D
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