DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
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Docket No 3481-14
15 April 2015
This is in reference to your application for correction of your
naval record pursuant to the provisions of Title l' United
States Code, Section 1552.
Although your application was not filed in a timely manner, the
Board found it in the interest of justice to waive the statute
of limitations and consider your application on its merits. A
three-member panel of the Board for Correction of Naval Records,
sitting in executive session, considered your application on
26 March 2015. 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
record, the Board found the evidence submitted was
to establish the existence of probable material error or
injustice.
ct
You enlisted in the Navy and began a period of active du
22 March 1965. You served for 10 months without discipl
incident, but during the period from 27 January 1966 t
5 April 1967, you received court-martial convictions on three
occasions and nonjudicial punishment (NJP) for several periods
of unauthorized absence and breaking arrest. AS a resv
your second special court-martial (SPCM), you were issued a bad
conduct discharge for your frequent violations of the l
Code of Military Justice (UCMJ).
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On 7 June 1976 you were granted a full pardon by the President
of the United States. The Presidential Clemency Board issued
you a clemency discharge based upon your completion of alternate
service. Presidential Proclamation 4313 of 16 September 1974
provided for voluntary alternative service under the auspices of
the Reconciliation Service Program, Selective Service System,
for a specified period. Upon completion of the alternative
service, former servicemembers would be granted a clemency
discharge by the President of the United States. This restored
civil rights although not veterans rights or benefits.
The Board, in its review of your entire record and application,
carefully weighed all potentially mitigating factors, such as
your desire to upgrade your character of service under “Don’t
Ask, Don't Tell” (DADT) repeal of 10 U.S.C. 654. Nevertheless,
the Board concluded these factors were not sufficient to warrant
relief in your case, given the seriousness of your frequent
misconduct and court-martial convictions. Please be advised
that the DADT Repeal Act provides service discharge review
boards with the authority to grant requests to change character
of service when the original discharge was based solely on DADT
or a similar policy in place prior to enactment of it. In your
case, you were discharged due to misconduct, not homosexual
conduct. Further, the Board believed that considerable clemency
was extended to you under Proclamation 4313 and found no reason
to grant additional relief. 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 within one year from the date of the Board’s decision.
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 J. O'NEILL
Executive Director
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TROT ED
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