DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

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2 NAVY ANNE

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WASHINGTON DC 20370-510

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TJR
Docket No: 4808-01
26 December 2001

From: Chairman, Board for Correction of Naval Records
To:

Secretary of the Navy

Subj :

Ref:

Encl:

CORD OF

(a) 10 U.S.C. 1552

(1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record

1.
Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of them Marine Corps filed enclosure (1)
with this Board requesting that the characterization of his
ldischarge  be changed.

The Board, consisting of Messrs.  

2.
reviewed Petitioner's allegations of error and injustice on 19
December 2001 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

Leeman, Lightle, and Morgan,

The Board, having reviewed all the facts of record pertaining

3.
to Petitioner's allegations of error and  
follows:

fnjustice finds as

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.

.

Petitioner enlisted in the Marine Corps on 15 November

196: at the age of 19.

d.

Petitioner served for more than two years without

incident, including nearly a year of service in Vietnam, when
received the Combat Action Ribbon.

he

On 2 November 1970

after his return from Vietnam

PetTtioner  submitted a written statement in which he admitted to
taking lysergic acid diethylamide (LSD) while serving in Vietnam.
His statement further requested that he be discharged because he
could no longer tolerate the strain of military life.
statement noted, in part, as follows:

His

I started on drugs

When I returned home from

I have been having trouble with drugs.
while on a tour of Vietnam.
I was very nervous and (to)
overseas I started taking LSD.
try to solve small problems I would turn to LSD, but it would
only prolong it and often increased  
stopped taking these drugs but I have had flashbacks from
them.
I can no longer cope with the mental strain as in
military.
end up with more serious problems.
disgrace the service if I should have more flashbacks and do
something not in the conduct of a serviceman.
sure if I am capable of staying away from drugs as long as I
have the mental strain in the service.

the.
I am requesting discharge from active duty before I

I also do not wish to

it's seriousness.

I am also not

I have

e.

On 16 November 1970 the commanding officer noted that

However, the commanding officer recommended Petitioner

Petitioner's record reflected above average proficiency and
conduct marks, and contained no record of any disciplinary
action.
be discharged by reason of unsuitability as evidenced by his
apathetic attitude towards all aspects of military life and his
intense desire to be discharged from active duty.
1970 the commanding general directed a general discharge by
reason of unsuitability.

On 23 November

f.

On 1 December 1970 Petitioner was issued a general

discharge under honorable conditions by reason of unsuitability.
At the time of his discharge Petitioner's conduct and proficiency
averages were 4.2 and 4.3, respectively.
Petitioner's discharge, averages of 4.0 in conduct and 3.8 in
proficiency were required for a fully honorable characterization
of service.
characterization in accordance the mark averages was deemed
inappropriate, the case should be sent to Headquarters, Marine
Corps (HQMC) for a final determination.

Applicable regulations indicated that if

At the time of

g.

Petitioner provided with his application a written

statement dated 14 March 2000,
the Department of Veterans Affairs (DVA), which notes that he
has been diagnosed with a post traumatic stress disorder (PTSD).
The psychologist also noted that Petitioner suffered from the
symptoms of PTSD during his active duty service in Vietnam.

from a clinical psychologist with

CONCLUSION:

Upon review and consideration of all the evidence of record,
Board concludes that Petitioner's request warrants favorable
action.

the

However, the Board believes relief

The Board believes that Petitioner's use of drugs was a

The Board notes the Petitioner's admittance of drug use and does
not condone his infractions.
is warranted based on Petitioner's length of service, especially
his unblemished combat service in Vietnam,
PTSD.
symptom of the PTSD.
sufficiently high conduct and proficiency marks: Further, the
commanding general directed a general despite those marks, and
the directive indicated that such action should only be taken by
HQMC.
Based on the foregoing the Board concludes that no useful
purpose is served by continuing to characterize Petitioner's
service as having been under honorable conditions, and
recharacterization to a fully honorable discharge is appropriate.

The Board further notes Petitioner's

his.diagnoses  of

and 

In view of the foregoing,
injustice warranting the following corrective action.
RECOMMENDATION:

the Board finds the existence of an

a.

That Petitioner's naval record be corrected to show that

he was honorably discharged on 1  
discharge under honorable conditions on the same day.

December..1970  vice the general

b.

That any material or entries inconsistent with or relating

to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.

C .

That any material directed to be removed from Petitioner's

naval record be returned to the Board, together with a copy of
this Report of Proceedings,
maintained for such purpose,
part of Petitioner's naval record.

for retention in a confidential file
with no cross reference being made a

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.

.

Acting Recorder

ROBERT D. ZSALMAN
Recorder

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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 Regulation, 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),
behalf of the Secretary of the Navy.

has been approved by the Board on

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