DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC 20370-510

0

TJR:jdh
Docket No: 3109-01
8 October 2002

sitting in executive session,

A three-member panel of the Board,
considered your application and recommended that your naval
record be corrected as set forth in the attached report dated 26
October 2001.
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 4 October
2002, disapproved the panel's recommended action.
designated representative's memorandum is also attached.

In accordance with current regulations, the

A copy of the

You are advised that reconsideration of your case will be granted
only upon the presentation of 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

Enclosures

DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORD

S

2 NAVY ANNE

X

WASHINGTON DC

 

20370~5100

TJR
Docket No: 3109-01
26 October 2001

From: Chairman, Board for Correction of Naval Records
To:
Subi: REVIEW OF NAVAL, OF RECORD

Secretary of the Navy

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 enlisted   member of the Marine Corps, applied to this Board
requesting that the characterization of his discharge be changed.

The Board, consisting of Messrs. Pauling and Taylor and Ms.
2.
Gilbert, reviewed Petitioner's allegations of error and injustice
on 23 October 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

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
administrative remedies available under existing
regulations within the Department of the Navy.

exhausted all
law and

b.

Although Petitioner's application 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 first enlisted in the Marine Corps on 18

During this first period of service he

October 1967 at age 18.
served in Vietnam for about three months, during which he
participated in eight combat operations and received two awards
of the Purple Heart.
He was medically evacuated from Vietnam
after being wounded for the second time.
disciplinary actions during his first enlistment.
1969 he was honorably discharged for the purpose of immediate
reenlistment.

He received no

On 31 March

d.

After reenlisting on 1 April 1969,

Petitioner was advanced

s

ummary  court-martial.

CPL/(E-4), his highest rank.

to the temporary rank of  
he then received nonjudicial punishment on eight occasions and
was convicted by  
periods of unauthorized absence (UA)  
failure to go to his appointed place of duty, false official
statement, two instances of wrongful possession of a liberty
pass, disobedience,
breaking restriction.
reduction in rank to PVT/(E-1) .

His offenses were four
totalling  about nine days,

and two specifications of

These disciplinary actions resulted   in his

sleeping on post,

However,

e.

On 2 July 1970 Petitioner submitted a written request for
an undesirable discharge by reason of good of the service in lieu
of court-martial for a three day period of UA, communicating a
threat, breaking restriction,
Subsequently,
1970 he received an undesirable discharge.

and larceny of $220 from a Sailor.
Petitioner's request was granted, and on 20 August

f.

In Petitioner's application he contends that his alcohol

abuse was the cause of his misconduct and that such abuse
"destroyed my life for the past 25 years."
that he has now completed a regimen of alcohol rehabilitation.
He has also submitted a supporting letter from the State of New
York's Veterans Affairs Office.

However, he states

CONCLUSION:

Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board initially notes Petitioner's youth and
immaturity and especially his unblemished period of prior
honorable service,
twice wounded in combat.

during which he served in Vietnam and was

The Board is very much aware that during his second period of
service, he compiled a record of multiple disciplinary actions
and requested discharge for further offenses.
condone this misconduct.
the misconduct resulting in disciplinary action was relatively
minor.
from a fellow servicemember,
Petitioner's request for discharge, is a serious offense.

that larceny of over $200
one of the offenses that prompted

However, the Board notes that much of

The Board realizes, however,

The Board does not

The Board also concludes that although alcohol abuse does not
excuse Petitioner's misconduct,
a contributing factor in his disciplinary record.
Board believes that Petitioner had a difficult time adjusting to
service in a noncombat environment after his trying experience in
Vietnam.

his apparent alcohol problem was
Further, the

Accordingly, the Board concludes that no useful purpose is served
by continuing to characterize his second period of service as
having been under other than honorable conditions, and relief in
the form of recharacterization to a general discharge is
appropriate.
In view of the foregoing',
injustice 

warranting.the  following corrective action.

the Board finds the existence of an

RECOMMENDATION:

That Petitioner's naval record be corrected to show that
PetTtioner  received a general discharge on 20 August 1970, vice
the undesirable discharge actually issued on that same day.

b.

That a copy of this Report of Proceedings be filed in

Petitioner's naval record.

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

4.
review and deliberations,
complete record of the Board's proceedings in the above
matter.

and that the foreaoina is a true and

entitled

The foregoing action of the Board is submitted for your

5.
review and action.

Acting Recorder

Reviewed and approved:

3

DEPARTMENT OF THE NAVY

OFFICE OF THE SECRETARY

1000 

NAVY PENTAGON

WASHINGTON, D.C. 20350-1000

oc-

MEMORANDUM FOR

THE EXECUTIVE
NAVAL RECORDS

DIRECTOR, BOARD FOR   CORRECTION OF

Subj: REVIEW OF NAVAL OF RECORD

The findings of the Board are approved.

However, I do not

In this regard, I have

during which time he was wounded

and the Board's belief that he had trouble

I also note his contention that alcohol abuse contributed

agree with the Board's recommendation to upgrade Subject's
undesirable discharge to general.
carefully considered Subject's youth and immaturity and prior
honorable service in Vietnam,
twice.
to his misconduct,
adjusting to military life after his Vietnam service.
believe these mitigating factors are clearly outweighed by the
serious nature of Subject's repetitive misconduct.
eight nonjudicial punishments and was convicted by special  
martial, and then requested an undesirable discharge in lieu of
court-martial for offenses that included theft of $220 from a
fellow servicemember, a serious offense.
Further, Subject
received considerable clemency when his request for discharge was
approved and he was spared confinement and a punitive discharge.
Accordingly,
Subject's request for recharacterization of his
denied.

the Board's recommendation is disapproved, and

discharae is

However,  I

He received

court-

(Manpower and Reserve Affairs)