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

Docket No: 10375-18 
Ref:  Signature Date 

Dear :  

This is in reference to your application of 23 October 2018 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 that 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 31 March 2020.  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, and applicable statutes, regulations, and policies.
 
You enlisted in the Navy and began a period of active duty on 26 August 1965. On 7 April 1966, you received non-judicial punishment (NJP) for failing to obey a lawful order, consuming alcoholic liquors as a minor, possession of two Military I.D. Cards, and acting in a manner prejudicial to good order and discipline.  On 30 June 1966, you received NJP for four instances of failing to go to your appointed place of duty, being out of bounds, and unauthorized absence (UA).  On 2 September 1966, you were convicted by special court-martial (SPCM) of 26 days of UA, escaping from correctional custody, failing to go to your appointed place of duty, and wrongfully and falsely altering a military I.D. During the period from 25 January to 2 May 1967, you received four additional NJPs for bringing beer onboard ship, disobeying a lawful order, dereliction of duty, disrespect, and two periods of UA totaling three days.  You were advised of your deficiencies, and that you would be considered for administrative discharge by reason of unfitness, should you not make an attempt to overcome your deficiencies within a reasonable amount of time.  On 29 June 1967, you received NJP for being UA from your assigned cleaning space.  On 1 July 1967, you were notified of an administrative action to separate you from the naval service for unfitness due to your frequent involvement with military authorities.  After being afforded your procedural rights, you elected only to submit a statement on your behalf.  Your case was forwarded to the separation authority with the recommendation that you be separated from the Navy with an undesirable discharge.  However, on 17 August 1967, you read an understood that you had been placed in a probationary status until 27 July 68, and that should you fail to maintain a conduct record clear of any disciplinary action including civilian offenses, you would be separated from the Navy with undesirable discharge.  On 30 January 1968, you were convicted by SPCM of 93 days of UA.  You were sentenced to confinement at hard labor, a forfeiture of pay, and a bad conduct discharge.  You received your BCD on 29 April 1968.  On 31 October 1975, 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 in your case, including your record of service desire to have your characterization of service upgraded in order for you and your wife to be eligible for burial in National Cemetery, and post service accomplishments.  The Board also considered your assertions that you volunteered to go to Vietnam, but instead you were sent to kitchen duty in , and your anger and immaturity led to you be commit misconduct by being away from your duties on several occasions.  The Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your seven NJPs, one of which was after you were warned of the consequence of further deficiencies in your behavior, and two SPCM convictions.  Further, the Board noted that you received a pardon and a CD under the President Ford Clemency Program.  However, neither the Veterans Administration (VA) nor Department of Defense (DoD) considers a recipient of a CD to be entitled to any benefits denied by the original discharge.  Your CD replaced your undesirable 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. 

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 the 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,