DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5662-13
30 May 2014
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 21 May 2014. 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 16 December 1968 at age 18. You received nonjudicial
punishment (NJP} on three occasions for two instances of failure
to go to your appointed place of duty, failure to obey a lawful
order, and unauthorized absence (UA) from your unit for one day.
On 4 August 1972, you were convicted by general court-martial
(GCM) of UA from your unit from 9 November 1970 until 11 July
1972, a period of 608 days. The sentence imposed was
confinement at hard labor, a forfeiture of pay, reduction in
paygrade and a bad conduct discharge (BCD). On 11 April 1973,
you received the BCD after appellate review was complete. On
9 February 1977, you were granted a clemency discharge by
Presidential Proclamation 4313 of 16 September 1974.
Nevertheless, this recharacterization does not entitle you to
benefits administered by the Department of Veterans Affairs.
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 three NUPs, a GCM and a period of UA totaling over
one year and eight months. Finally, there is no provision of
law or in Navy regulations that allows for recharacterization of
service due solely to the passage of time. 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,
7 Peed
ROBERT D. ZSALMAN
Acting Executive Director
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