DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 5894-13
12 June 2014
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 4 June 2014. 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 and began a period of active
duty on 26 July 1966 at age 18. You received nonjudicial
punishment on four occasions for two instances of unauthorized
absence from your unit totaling two days, and drunk and
disorderly conduct. From 22 July 1969 through 16 September
1970, you were UA from your unit on five occasions totaling a
period of 320 days. You made a written request for discharge
for the good of service to avoid trial by court-martial for the
forgoing periods of UA. Prior to submitting this request you
conferred with a qualified military lawyer at which time you
were advised of your rights and warned of the probable adverse
consequences of accepting such a discharge. Your request was
granted and the commanding officer directed your other than
honorable (OTH) discharge. As a result of this action, you were
Spared the stigma of a court-martial conviction and the
potential penalties of a punitive discharge and confinement at
hard labor. On 4 November 1970, you were discharged under OTH
conditions in absentia. On 19 January 1977 you were granted an
unconditional pardon and clemency discharge by Presidential
Proclamation 4313 of 23 August 1975.
The Board, in its review of your entire record and application
carefully weighed all potentially mitigating factors, such as
‘your youth and overall record of service. Nevertheless, the
Board concluded these factors were not sufficient to warrant
recharacterization: of your discharge given the seriousness of
your misconduct that resulted in four NUPs, UA totaling over ten
months and request for discharge. The Board believed that
considerable clemency was extended to you when your request for
discharge to avoid trial by court-martial was approved.
Further, the Board concluded that you received the benefit of
your bargain with the Marine Corps when your request for
discharge was granted and should not be permitted to change it
now. Accordingly, your application has been denied. The names
and votes of the members of the panel will be furnished upon
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.
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,
ROBERT D. ALMAN
Acting Executive Director
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