DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 701 S. COURTHOUSE ROAD, SUITE 1001 ARLINGTON, VA 22204-2490 Docket No: 11096-19 Ref: Signature date This letter is in reference to your application of 14 November 2019 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 with respect to your request to upgrade your characterization of service 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 7 May 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 Marine Corps and began a period of active duty on 20 September 1967. On 17 October 1968, you were convicted at a special court-martial for an unauthorized absence that lasted from 24 February 1968 to 27 September 1968. On 14 April 1969, you received non­judicial punishment (NJP) for failing to go to your appointed place of duty and unauthorized absence. You were convicted by a second special court-martial on 6 November 1969 for another period of unauthorized absence from 18 April 1969 to 15 September 1969. You received NJP three times in the year 1970, for periods of unauthorized absence, absence from your appointed place of duty, willfully disobeying a lawful order, and dereliction in the performance of your duties. You were convicted by a summary court-martial on 26 May 1970, for failing to go to appointed place of duty, and failure to obey lawful orders. Ultimately, you were provided the right to attend an administrative discharge board (ADB), which you attended with counsel, and had a panel of three officers review your discharge case. The ADB found that you engaged in frequent involvement with military authorities and that you should be discharged with an undesirable discharge. On 14 July 1970, you were discharged with an other than honorable characterization of service. On 4 November 1976, you were issued you a clemency discharge (CD) 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 veteran’s rights or benefits. The Board carefully weighed all potentially mitigating factors in your case, including your desire to upgrade your discharge, your assertion that you were illegally discharged without due process of military law, and that your request for drug treatment was ignored by your Commanding Officer. After careful consideration of your contentions, the Board did not find evidence of an error or injustice that warrants upgrading your characterization of service. The Board noted that, based on your service record, you in fact had an administrative board at which you were represented by counsel, prior to your discharge. Further, there is no evidence in your service record that demonstrates that you had a drug problem that made it difficult for you to conform to military standards of behavior. 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, 5/29/2020