DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 6117-20 Ref: Signature Date This is in reference to your application for correction of your naval record pursuant to Section 1552 of Title 10, United States Code. After careful and conscientious consideration of relevant portions of your naval record and your application, the Board for Correction of Naval Records (Board) found the evidence submitted insufficient to establish the existence of probable material error or injustice. Consequently, your application has been denied. The Board determined that your personal appearance, with or without counsel, would not materially add to their understanding of the issues involved. Therefore, the Board determined that a personal appearance was not necessary and considered your case based on the evidence of record. 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, sitting in executive session, considered your application on 11 January 2021. The names and votes of the panel members 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 the Board. Documentary material considered by the Board consisted of your application together with all material submitted in support thereof, relevant portions of your naval record, and applicable statutes, regulations, and policies, to include the Kurta Memo, the 3 September 2014 guidance from the Secretary of Defense regarding discharge upgrade requests by Veterans claiming post-traumatic stress disorder (PTSD) (Hagel Memo), and the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). You enlisted in the Marine Corps and began a period of active duty on 13 August 1969. On 5 February 1970, you were convicted by summary court-martial (SCM) of 29 days of unauthorized absence (UA). On 16 July 1970, you were convicted by special court-martial (SPCM) of 78 days of UA. On 28 June 1971, you received nonjudicial punishment (NJP) for 11 days of UA, and making and using a false leave authorization. On 17 August 1971, you were notified of administrative discharge action due to your frequent involvement of a discreditable nature with military authorities. After being afforded your procedural rights, you elected to have your case heard before an administrative discharge board (ADB). Your case was forwarded to the separation authority with the recommending that you be separated due to unfitness. On 8 October 1971, you explained to the ADB your reasons for your three periods of UA, and that you could complete your enlistment honorably. The ADB found that your misconduct was not frequent enough, or discreditable enough to warrant an undesirable discharge. On 13 October 1971, the ADB recommended that you receive a general discharge by reason of unfitness on the basis of your frequent involvement of a discreditable nature with military authorities. On 18 October 1971, a Staff Judge Advocate reviewed your case and determined that it was sufficient in law and fact. However, on 19 November 1971, the separation authority directed that you be retained in the Marine Corps. On 24 February 1972, you were convicted by special court-martial (SPCM) of being Absent from your appointed place of duty, failing to go to your appointed place of duty, disobeying a lawful order, two specifications of being disrespectful in language, treating with contempt, and stealing civilian and military clothing. You were sentenced to confinement at hard labor, forfeiture of pay, and a bad conduct discharge (BCD). Thereafter, you received an other than honorable (OTH) discharge on 22 May 1973. On 19 November 1975, you were notified that you were granted conditional clemency for your UA offenses, and that you would have to perform four months of alternative service before receiving a full Pardon and Clemency Discharge (CD). On 26 September 1977, your initial discharge was changed and you were, awarded a clemency discharge pursuant to Presidential Proclamation 4313. The Board carefully considered all potentially mitigating factors to determine whether the interests of justice warrant relief in your case in accordance with the Wilkie Memo. These included, but were not limited to your contentions that: (a) you should be awarded an honorable characterization of service; (2) that you were issued a DD Form 1953 in June 1976, having satisfactorily completed the alternative service provisions of Presidential Proclamation No 4313; and (3) you want to eventually be entitled to a military burial, and veteran flag holder. Based upon this review, the Board concluded these potentially mitigating factors were insufficient to warrant relief. Specifically, the Board determined that your repeated misconduct, as evidenced by your NJP, SCM, and SPCM convictions, and your additional opportunity for retention and to earn a better characterization of service when you were retained in the Marine Corps outweighed these mitigating factors. Further, the Board noted that you received a pardon and a CD under the President Ford’s Clemency Program. However, neither the Department of Veterans Administration (DVA) nor Department of Defense (DoD) considers a recipient of a CD to be entitled to any benefits denied by reason of the original discharge. Your Clemency Discharge replaced your OTH Discharge, and is considered a neutral discharge, neither honorable nor less than honorable. The Board concluded that a further change, which would make you eligible for VA benefits, was not warranted. Accordingly, given the totality of the circumstances, the Board determined that your request does not merit relief. You are entitled to have the Board reconsider its decision upon submission of new matters, which will require you to complete and submit a new DD Form 149. New matters are those not previously presented to or 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, Executive Director