DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No.
28 September
3753-01
2001
Chairman, Board for Correction of Naval Records
Secretary of the Navy
From:
To:
Subj:
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 Navy, applied to this Board
requesting, in effect,
that his naval record be corrected to
show a more favorable discharge than the undesirable discharge
issued on 20 May 1968.
The Board, consisting of Messrs. Pfeiffer,
2.
Pauling reviewed Petitioner's allegations of error and injustice
on 26 September 2001 and, pursuant to its regulations,
determined that the corrective action indicated below should be
taken on the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
Novello, and
Documentary material
The Board, having reviewed all the facts of record
3.
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 Petitioner's application to
the Board 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 Navy on 25 February 1966 for
His record reflects that upon completion
four years at age 18.
of recruit training he qualified in submarines and was advanced
to QM3 (E-4).
d.
Petitioner served without incident until 15 January
Later, Petitioner claimed that he was trying to act
1968, when he presented himself at the base dispensary in a
psychotic-like state and admitted he had used LSD three weeks
earlier.
The following morning, he was admitted for further
evaluation.
mentally ill because he wanted out of the Navy.
However,--he
again admitted using LSD on numerous occasions and stated that
he had always been a pacifist,
were such that he could not continue in the military.
examining psychiatrist found no evidence of any form of
psychosis or underlying neurosis.
displayed hostility toward authority figures, lacked a sense of
responsibility, had moderately impaired judgment, and was unable
passive-
to rationalize his behavior.
aggressive personality disorder manifested by impaired judgment
and reliability, and an indiscriminate use of LSD.
tive separation was recommended.
and his ideals and philosophies
He was diagnosed with a
He noted that Petitioner
Administra-
The
e.
On 31 January 1968 the commanding officer (CO)
recommended that Petitioner be disqualified for submarine duty
and notified him that he was being considered for administrative
separation under other than honorable conditions by reason of
Petitioner was advised of his
unfitness due to his use of LSD.
procedural rights and waived the right to present his case to an
Thereafter, the CO recommended
administrative discharge board.
discharge under other than honorable conditions by reason of
unfitness.
Petitioner's avid desire to be discharged was apparent by the
act he perpetrated in an attempt to be released.
In his recommendation, the CO noted that
f.
On 26 March 1968 Petitioner was questioned by a Naval
Investigative Service agent regarding his use of narcotics or
dangerous drugs.
detailing the times he used marijuana and LSD.
he wanted out of the Navy for his own personal well being
he did not believe in what the Navy stood for.
Petitioner made a voluntary statement
He stated
that
since
57.
On 9 May 1968, the Chief of Naval Personnel directed an
Petitioner was so
undesirable discharge by reason of unfitness.
discharged on 20 May 1968.
2
.
f.
The Secretary of Defense (SECDEF) in a memorandum of
13 August 1971, directed the service secretaries to review for
recharacterization, in cases initiated prior to 7 July 1971,
those other than honorable discharges issued solely on the basis
of use of drugs.
CONCLUSION:
Upon review and consideration of all the evidence of record,
Board concludes that Petitioner's request warrants favorable
action.
In this regard, the Board notes that Petitioner had
disciplinary actions during more than two years of service and
the facts and circumstances of his case meet the letter and
spirit of
Board concluded that it would be appropriate and just to
recharacterize Petitioner's undesirable
discharge under honorable conditions.
SECDEF's memorandum of 13 August 1971.
discharge to a general
Therefore, the
the
no
RECOMMENDATION:
a.
That Petitioner's naval record
be corrected to show
that he was issued a general discharge on 20 May 1968 vice the
undesirable discharge actually issued on that date.
b.
That a copy of the Report of Proceedings be filed in
Petitioner's naval record.
C .
That, upon request, the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 7 May 2001.
It is certified that a quorum was present at the Board's
4.
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. GOLDSMITH
Acting Recorder
Pursuant to the delegation of authority set out in Section 6
5.
(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section 723.6
3
(e)) and having assured compliance with its provisions, it is
hereby announced that the foregoing corrective action, taken
under the authority of reference (a),
Board on behalf of the Secretary of the Navy.
has been approved by the
Executive D
4
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