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== Docket No: 7-14
24 November 2014
This is in reference to your application tor 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 19 November 2014 The names and votes of tne
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 wit!
material submitted in support thereof, your naval record, and
applicable statutes, regulations, and policies.
ast’
after careful and conscientious consideratl
record, the Board found the evidence submitt
to establish the existence of probable mate
injustice
d in the Navy and began a period of active duty on 29
1971. You served without disciplinary incident until 18
April 1973, when you were convicted by special court-martial
(spcm) of four periods of unauthorized absence (UA) totalling
days, missing the movement of your ship, and two specifi
of failure to obey a lawful order. You were sentenced to
confinement at hard labor for four months, an $800 forfei
pay, reduction to paygrade = 4 }
for C
E-1, and a baa conduct discharge
(BCD). The BCD was suspended for one year.
On 30 March 1974 you received nonjudicial punishment (NOP) for a
42 day period of UA and missing the movement of your ship. As a
result, on 17 May 1974, the suspended BCD was remitted. On 10
October 1974, the discharge authority directed execu f£ the
BC ra 11 levels of review On 31 1974
Your record reflects that on 17 May 1976, 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.
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carefully weighed all potentially mitigating factors, such as
your desire to upgrade your discharge and assertion that your
punishment was excessive. Nevertheless, these factors were not
sufficient to warrant relief in your case because of the
seriousness of your repetitive and lengthy periods of UA which
resulted in NJP and a court-martial conviction. Further, the
Board noted that the BCD was changed to a clemency discharge, but
concluded that a further change was not warranted. Finally,
there is no evidence in the record, and you submitted none, to
support your assertion. 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 of injustice.
Sin el
ROBERT J. oO’ NELTLL
Executive Director
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