2 NAW ANNEX
WASHINGTON DC 20370-5100
TRG
Docket No: 3368-98
20 August 1999
D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
Subj: REVIEW OF N A - CORD OF
(a) Title 10 U.S.C. 1552
Ref:
From :
To :
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Encl :
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
1. Pursuant to the provisions of reference (a) , Petitioner, a
former enlisted member of the United States Marine Corps filed
enclosure (1) with this Board requesting that his naval record be
corrected to show a better characterization of service than the
undesirable discharge issued on 4 June 1970.
2. The Board, consisting of Mr. Kastner, Ms. Hare and Ms. Wiley,
reviewed Petitioner's allegations of error and injustice on 7
July 1999 and, pursuant to its regulations, determined that the
corrective action indicated below should be taken on the
available evidence of record. Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
3. The Board, having reviewed all the facts of record pertaining
to Petitioner's allegations of error and injustice, finds as
follows:
a. Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b. Although it appears that enclosure (1) was not filed in
a timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps on 27 November
1967 at age 18. At that time he had completed 10 years of
education.
d. The record shows that Petitioner served in Vietnam from
4 May 1968 to 26 May 1969. While in Vietnam he participated in
four combat operations and on 8 July 1968 he was wounded in
action. In addition on 19 September 1968 he received nonjudicial
punishment for use of marijuana.
On 29 July 1969 he began a period of unauthorized absence which
lasted until he surrendered on 13 March 1970, a period of about
232 days. On 6 April 1970 he requested discharge for the good of
the service to avoid trial by court-martial for the foregoing
absence totaling about 232 days. His record shows that prior to
submitting this request he conferred with a qualified military
lawyer at which time he was advised of his rights and warned of
the probable adverse consequences of accepting such a discharge.
His request was granted on 21 May 1970 and the undesirable
discharge was issued on 4 June 1970.
f. Petitioner states that when he returned from Vietnam he
found that his wife had been unfaithful and he became an
unauthorized absentee to try and save his marriage and attend to
the welfare of his infant son. Petitioner states that he
subsequently remarried and has been a good citizen for many
years. He has submitted documentation showing that he is now
ordained minister. The Federal Bureau of Investigation has
reported a felony conviction in 1971 for possession of stolen
property for which he received probation.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. In reaching its decision, the Board notes his initial
periods of good service, the tour of duty in Vietnam during which
he was wounded in action, his personal problems which led to his
period of unauthorized absence and his documented post service
life which is only blemished by a 28 year old conviction for
possession of stolen property. On the other hand, the Board is
well aware of his 232 day period of unauthorized absence and his
request for discharge to avoid trial for that offense. Weighing
all of the foregoing factors, the Board concludes that the
positive aspects of the record outweigh the negative aspects, and
believes that the discharge should now be recharacterized as a
matter of clemency.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that on 7
July 1999 he was issued a general discharge by reason of good of
the service vice the undesirable discharge actually issued on
that date.
b. That this Report of Proceedings be filed in Petitioner's
naval record.
c. That the Department of Veterans Affairs be informed on
request that Petitioner's application was received on 17 April
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
ROBERT D. ZSALMAN
Recorder
ALAN E . GOLDSMI+H
Acting Recorder
5. Pursuant to the delegation of authority set out in Section
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6(e))
and having assured compliance with its provisions, it is hereby
announced that the foregoing corrective action, taken under the
authority of reference (a), has been approved by the Board on
behalf of the Secretary of th
NAVY | BCNR | CY1998 | 07938-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 4 May 1999. 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...
NAVY | BCNR | CY2002 | 09221-02
% Pursuant to the provisions of reference (a), Petitioner, a 'The Board, consisting of Messrs. reviewed Petitioner's all 1. former enlisted member of the Marine Corps, filed an application with this Board requesting that the characterization of his discharge be changed. h. On 19 January 1971, while serving in Vietnam, Petitioner submitted a written request for an undesirable discharge for the good of the service to avoid trial by court-martial for a six day period of UA, and disobeying a...
NAVY | BCNR | CY2005 | 02747-05
2. e Board, consisting of Mr. UI~I Mr. and Mr. • reviewed Petitioner’s allegations of error and injustice on 19 October 2005, and pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. The separation authority subsequently approved his request and he was so discharged on 29 June 1970. However, the Board considered Petitioner’s service in Vietnam, the injuries and other medical problems that apparently resulted...
NAVY | BCNR | CY2002 | 07518-00
he had been granted an honorable discharge by the Department of the Navy, but that this decision was reversed by the Marine Corps. b. Mr. documentation that the patient manifested symptoms of PTSD immediately following his return from Vietnam, and that these symptoms led to the patient's undesirable discharge in 1970. result of the patient's Vietnam combat experiences.
NAVY | BCNR | CY1998 | 08320-98
A three-member panel of the Board for Correction of Naval Records, sitting in executive session,.considered your application on 11 May 1999. 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. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable...
NAVY | BCNR | CY2000 | 03714-00
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. Pursuant to reference (a) a review of enclosure (1) was conducted to form opinions about the subject petitioner's claims that he suffered fiom Post Traumatic Stress Disorder at the time of his service and that this was a significant contributing factor to the misconduct that lead to his discharge. The misconduct that...
NAVY | BCNR | CY2002 | 06281-02
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show a more favorable type of discharge than the general discharge issued on 21 July 1977. In this regard, benefits would only been granted if the discharges were recharacterized using traditional standards by the discharge review boards or the boards for correction of military records. ...
ARMY | BCMR | CY1990-1993 | 9022464
The applicant requests correction of military records as stated in the application to the Board and as restated herein. EVIDENCE OF RECORD : The applicant's military records show: He was promoted to the pay grade of E-4 on 6 January 1969 and he served in Vietnam until 18 June 1969.
NAVY | BCNR | CY2001 | 01220-00
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. were so discharged. 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.
ARMY | BCMR | CY2001 | 2001056121C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that his undesirable discharge be upgraded to a more favorable discharge. In April 1966 he went absent without leave (AWOL) for 2 days and nonjudicial punishment was again imposed against him, which resulted in his being reduced to the pay grade of E-2.