DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

ELP:jdh
Docket No: 
20 July 2001

8505-00

A three-member panel of the Board, sitting in executive session, considered your
application and recommended that your naval record be corrected as set forth in the
attached report dated 3 1 May 2001.
In accordance with current regulations, the
designated representative of the Assistant Secretary of the Navy for Manpower and
Reserve Affairs conducted an independent review of the Board ’s proceedings and by
his memorandum of July 10, 2001, disapproved the panel ’s recommended action.
A copy of the designated representative ’s memorandum is also attached.

You are advised that reconsideration of your case will be granted only upon the
presentation or new and material evidence not previously considered by the Board and
then, only upon the recommendation of the Board and approval by the Assistant Secretary 

.

It is regretted that a more favorable reply cannot be made.

Sincerely,

W. DEAN PFEIFFER
Executive Director

Enclosure

DEPARTMENT OF THE NAVY

OFFICE OF THE SECRETARY

1000 

NAVY PENTAGON

WASHINGTON, D.C. 20350-1000

MEMORANDUM FOR

THE EXECUTIVE
NAVAL RECORDS

DIRECTOR, BOARD FOR CORRECTION OF

Subj:

RECORD OF

’s limited education

,

I  have carefully considered Subject

However, I believe these mitigating factors 'are

I have also considered the documentation

low test scores, combat service, and the fact that he was
wounded in action.
relating to post-traumatic stress disorder (PTSD), and
Petitioner's contentions of family problems and exposure to
Agent Orange.
outweighed by Subject's misconduct.
punishments, he was very fortunate to receive a relatively
lenient sentence from the special court-martial that convicted
him of a lengthy period of unauthorized absence.
that Subject did not learn from this experience since he
departed on another prolonged period of absence only a few days
after being released from confinement.
considerable clemency when his request for an undesirable
discharge was approved since by this action, he was spared
further confinement and a punitive discharge.
conviction for aggravated assault also militates against
corrective action.

After three nonjudicial

Subject received

His post-service

It is apparent

Subject provides no evidence to support his contentions of
family problems or exposure to Agent Orange.
decisional document of the Naval Discharge Review Board alludes
to the possibility of post-traumatic stress disorder (PTSD),
Petitioner does not now raise this issue,
to show that he now has PTSD,
disorder.

or has ever suffered from this

Although the

or submit any evidence

Accordingly, the Board's recommendation is disapproved and
Subject's request for recharacterization of his discharge is
denied.

~-

--

--  

A&ant  General Counsel
irs)

(Manpower And Reserve Affa

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DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD
X

2 NAVY ANNE

S

WASHINGTON DC 20370.510

0

ELP
Docket No. 8505-00
31 May 2001

From:
To:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

Subj:

REVIEW OF NAVAL RECORD 0

Ref:

(a) 10 U.S.C. 1552

Encl:

(1) Case Summary
(2) Subject's naval record

Pursuant to the provisions of reference (a), Petitioner, a

1.
former enlistment member of the United States Marine Corps,
filed enclosure (1) with this Board requesting, in effect, that
his naval record be corrected to show a more favorable discharge
than the undesirable discharge issued on 23 March 1971.

The Board, consisting of Messrs. Pauling,  

2.
Lippolis, reviewed Petitioner's allegations of error and
injustice on 23 May 2000 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.

McCulloch, 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 enclosure (a) 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 2 May 1967

for four years at age 18.

d . At that time, he had completed nine years of formal
education and achieved test scores which placed him in Mental
Group IV.
He was assigned to duty in Vietnam in October 1967,
where he was wounded in action on 16 May 1968, and awarded the
Purple Heart Medal.
was medically transferred on 9 October 1968 to the Naval
Hospital in Oakland,
service in Vietnam resulted in the award of the Combat Action
Ribbon.

Petitioner was advanced to CPL (E-4) and

CA, for treatment

  of  malaria .

Petitioner 

1 

s

e.

Petitioner returned to duty in January 1969 and served

the next two months without incident.
month period from March to August 1969 he received three
nonjudicial punishments (NJP) for two periods of unauthorized
absence (UA) totalling about 29 days and failure to obey a
lawful order.
20 November 1969,
the record.

He went UA again for 36 days, from 15 October to
for which no disciplinary action is shown in

However, during the five

f.

On 15 July 1970 Petitioner was convicted by special

court-martial of a 116 day period of UA, from 22 November 1969
to 18 March 1970.
for three months and reduction in rank to PVT (E-l).
The
convening authority approved the sentence but suspended the
confinement in excess of one month for a period of six months.

He was sentenced to confinement at hard labor

g . On 31 July 1970,

two days after his release from

Prior to submitting his request he conferred with a

confinement, Petitioner went UA again for   a period of 99 days,
returning on 7 November 1970.
On 22 December 1970 Petitioner
submitted a request for an undesirable discharge for the good of
the service in lieu of trial by court-martial for this period of
UA.
qualified military lawyer at which time he was advised of his
rights and warned of the probable adverse consequences of
accepting such a discharge.
request and found it to be sufficient in law and fact. On
13 March 1971 the discharge authority directed an undesirable
discharge for the good of the service.
discharged on 23 March 1971.

A staff judge advocate reviewed the

Petitioner was so

h.

The Naval Discharge Review Board (NDRB) considered

Petitioner's request for upgrade of his discharge on 14 December
1983.
Petitioner submitted an
evaluation from a psychologist who stated that he presented
symptoms of post traumatic stress disorder (PTSD).

In connection with this review,

NDRB's

2

psychiatric consultant opined that the evaluation simply
paraphrased diagnostic criteria for PTSD without documenting any
historical data upon which the diagnostic conclusions wer
based .

e

i .

Petitioner states that he went UA because of family

problems and did not know where to turn to for help.
that is now having medical problems due to his exposure to Agent
he submits a character reference
Orange.
from his pastor.

With his application,

He claims

j.

A report from the Federal Bureau of Investigation

reveals that in 1990,
being convicted of assault with a deadly weapon.

Petitioner was placed on probation after

CONCLUSION:

More importantly, Petitioner

The Board further notes that many

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
In this regard, the Board first notes his limited
education and low test scores.
served in Vietnam, was promoted, was wounded in combat, and
subsequently contracted malaria.
Although he had significant
misconduct, the Board notes it began after nearly two years of
highly satisfactory service, which included his combat
experience in Vietnam.
individuals returning from Vietnam had severe adjustment
problems which were not recognized until some years later.
Petitioner's record appears to present a classic example of such
an individual whose Vietnam experience significantly impaired
In this regard,
his ability for further satisfactory service.
the Board notes the conclusion of the psychologist who submitted
an evaluation to NDRB.
Petitioner's misconduct is mitigated by his exemplary combat
service in Vietnam where he was wounded and contracted malaria,
and by the adjustment problems he encountered upon his return to
The Board therefore concludes that it would
the United States.
be appropriate and just to recharacterize his undesirable
discharge to a general discharge under honorable conditions.

Accordingly, the Board believes

RECOMMENDATION:

a.

That Petitioner's naval record be corrected to show
that he was discharge under honorable conditions on 23 March
1971 by reason of good of the service vice the undesirable
discharged issued on that date.

3

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 15 December 2000.

It is certified that a quorum was present at the Board's

4.
and that the foregoing is a true and
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.

&x

AIAN  E. GOLDSMITH
Acting Recorder

ROBERT D.  
Recorder

ZSAIMAN

The foregoing action of the Board is submitted for your

5.
review and action.

Reviewed and Approved:

4