Y
DEPARTMENTOFTHENAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
CRS
Docket No: 1216-99
29 August 2000
From:
To:
Subj:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
L RECORD OF
Ref:
(a) 10 U.S.C. 1552
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 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
undesirable discharge issued on 22 July 1971.
2. The Board, consisting of Mr. Frankfurt, Mr. Geisler, and Mr.
Morgan, reviewed Petitioner's allegations of error and injustice
on 23 August 2000 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
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
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 6 March 1968 at
At that time he had completed ten years of formal
age 18.
It appears that he served in Vietnam from 31 July
education.
1968 to 18 March 1969, participated in 16 operations, and was
awarded three Purple Hearts.
d. The record reflects that after returning from Vietnam,
Petitioner received three nonjudicial punishments and was
convicted by two summary courts-martial.
The offenses included
failure to obey a lawful order on two occasions, disrespect on
three occasions, dereliction of duty, resisting arrest, breach of
the peace by engaging in a fight,
changing the rifle custody index card.
losing a M-14 rifle and
e. On 28 April 1971 an administrative discharge board
recommended that Petitioner be separated with an undesirable
discharge by reason of unfitness.
authority, the recommendation for separation was approved and
Petitioner was discharged with an undesirable discharge on 22
July 1971.
After review by the discharge
f. Petitioner admits to his misconduct and states he was young
and immature at the time.
upgraded for the benefit of his children.
He would like to have his discharge
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action as a matter of clemency,
Vietnam.
Purple Hearts, combat record,
Vietnam.
of recharacterization to general is appropriate.
The Board particularity relies on the award of three
and unblemished service while in
Consequently, the Board finds that relief in the form
based on his record of service in
In view of the foregoing,
injustice warranting the following corrective action.
the Board finds the existence of an
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was issued a general discharge by reason of unfitness on 22 July
1971, vice the undesirable discharge actually issued on that
date.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
C . That, upon request, the Veterans Administration be informed
that Petitioner's application was received by the Board on 17
February 1999.
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
Acting Recorder
2
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
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