DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No. 2665-02
21 October 2002
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
AL RECORD OF
(a) 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
The Board, consisting of Messrs. Pfeiffer, Shy, and Ms.
1 .
former enlisted member of the Marine Corps, applied to this Board
requesting changes in the characterization of service.
2.
Humberd, reviewed Petitioner's allegations of error and injustice
on 17 October 2002 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.
The Board, having reviewed all the facts of record pertaining
3 .
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 Marine Corps on 25 October
He served in Vietnam from 11 May 1967 to 27 May
1966 at age 18.
1968 and participated in numerous combat operations and was
awarded the Purple Heart.
served without incident until 1 August 1967 when he received
nonjudicial punishment (NJP) for disrespect to a non-commissioned
officer.
The punishment imposed was a forfeiture of $25 and
seven days of extra duty.
Petitioner's record reflects that he
d.
Petitioner was convicted by summary court-martial on 28
September 1967 of sleeping on post.
forfeiture of $50, 20 days of hard labor without confinement and
On 29 September 1967, the convening
reduction to private.
authority approved the adjudged sentence but suspended the
reduction to private for a period of six months.
The punishment imposed was a
e.
On 30 April 1969 Petitioner was diagnosed with a
moderate anxiety reaction and a medical board was convened on 2
He was returned to full duty pending final disposition
May 1969.
On 22 May 1969, the medical board report was
of medical board.
forwarded to the Central Physical Evaluation Board (CPEB) for
disability evaluation with a diagnosis of a moderate anxiety
reaction.
f.
On 16 October 1969, the CPEB found Petitioner unfit for
duty due to his diagnosed moderate anxiety reaction, and rated
him with a 10% disability rating, and directed his separation by
reason of a physical disability with severance pay.
November 1969 he was so discharged.
On 12
e.
Characterization of service is based, in part, on conduct
and proficiency averages computed from periodically assigned
In order to receive a fully honorable characterization of
marks.
service, an individual must attain a minimum conduct average of
4.0 and a proficiency average of 3.0.
Petitioner's proficiency
and conduct averages were 4.2 and 4.2, respectively.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board now finds the existence of an injustice warranting
corrective action.
committed two instances of misconduct, these infractions covered
a relatively short period of his service.
Furthermore, the Board
concluded that his extensive combat service and his proficiency
and conduct marks warrant a fully honorable characterization of
service, and are sufficient to outweigh his brief period of
misconduct.
Accordingly, the Board concludes that a fully
honorable characterization of service is more appropriate than
under honorable conditions.
RECOMMENDATION:
The Board believes that although Petitioner
That Petitioner's naval record be corrected to show
that
the general discharge actually issued on that date.
ha;? received an honorable discharge on 12 November 1969, vice
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.
2
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, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's naval record.
4.
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
It is certified that a quorum was present at the Board's
and that the foregoing is a true and
ROBERT D. ZSALMAN
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),
behalf of the Secretary of the Navy.
has been approved by the Board on
F-h’.
u
DEAN PFEIFFER
Executive Director
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