DEPARTMENT OF THE NAVY 
BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490

Docket No: 9617-17   
Ref: Signature date 


This letter is in reference to your application for correction of your naval record pursuant to Title 10, United States Code, Section 1552.  After careful and conscientious consideration of the entire record, the Board for Correction of Naval Records (Board) found the evidence submitted was insufficient to establish the existence of probable material error or injustice.  Consequently, your application has been denied.
 
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 3 April 2019.  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, relevant portions of your naval record, as well as applicable statutes, regulations, and policies. 

Regarding your request for a personal appearance, the Board determined that a personal appearance with or without counsel will 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. 

You enlisted in the Marine Corps and began a period of active duty on 28 September 1967.  On 30 November 1967 and 29 April 1968, you received nonjudicial punishment (NJP) for failure to obey a lawful order and failure to be at your appointed place of duty.  On 21 March 1969, you were convicted by special court-martial (SPCM) of two specifications of unauthorized absence totaling 233 days.  You were sentenced to confinement, forfeiture of pay, reduction in rank and a bad conduct discharge (BCD).  On 27 October 1969, you were convicted by a general court-martial of unauthorized absence totaling 99 days and escape from lawful confinement.  You were sentenced to confinement, forfeiture of pay and a dishonorable discharge (DD). You were discharged on 2 July 1970 with a bad conduct discharge.  On 9 August 1976, your initial discharge was changed and you were awarded a clemency discharge (CD) pursuant to Presidential Proclamation 4313. 

The Board carefully weighed all potentially mitigating factors, such as your desire to upgrade your discharge and contention that you never intended to desert the Marine Corps such that this designation is unjust.  The Board has no authority to set aside a court-martial conviction and must limit its review to determining whether the sentence should be modified as a matter of clemency.  The Board determined that no clemency is warranted in your case.  In this regard, the Board considered your contention, but concluded that the severity of your repeated misconduct, which resulted in two court-martial convictions, warranted the discharge you received.  The Board in its review, discerned no ground for clemency in your discharge. 

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 matters. 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, 

6/28/2019