DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
EGA
Docket No: 4249-14
29 April 2015
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.
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
14 April 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 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 23 April 1963. You served for two years and 11 months
without disciplinary incident, but during the period from
4 February 1966 to 2 November 1968, you had several periods of
unauthorized absence (UA) totaling 371 days. On 2 April 1966,
you received a court-martial conviction for unauthorized
absence. On 2 December 1968, you received a second court-
martial conviction for unauthorized absence. As a result of
your second court-martial, you were issued a bad conduct
discharge for your frequent violations of the Uniform Code of
Military Justice (UCMJ).
On 8 February 1977 you were granted a full. parden 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. 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. 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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