DEPARTMENT OF THE N 4 V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVYANNEX
WASHINGTON DC 20370-5100
*
TJR
Docket No: 9381-02
15 August 2003
From: Chairman, Board for correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
Encl: (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 the Navy, filed enclosure (1) with this
Board requesting that the characterization of his discharge be
changed.
2. The Board, consisting of Messrs. Agresti, Milner, and
Pfeiffer, reviewed Petitioner's allegations of error and
injustice on 12 August 2003 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.
3. The Board, having reviewed all the facts of record 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 (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.
c. Petitioner enlisted in the Navy on 26 March 1965 at age 17
for four years.4 At the time of enlistment, he had completed 11
years of formal education.
d. Petitioner participated in the Vietnam War and was awarded
the National Defense Service Medal, Republic of Vietnam Campaign
Medal with device, Navy Unit Commendation Ribbon, and the
R e p l h ' l
ic of Vietnam Service Medal.
-
e. During the period from 3 March 1966 to 21 July 1967
Petitioner received nonjudicial punishment(NJP) on four
occasions. His offenses were failure to obey a lawful order,
wrongful possession of identification cards, three periods of
absence from his appointed place of duty, hitchhiking, and
disobedience. He was also convicted by civil authorities of
loitering.
f. On 12 November 1968 Petitioner was convicted by special
court-martial (SPCM) of three periods of unauthorized absence
(UA) totaling 5l'days and escape. He was sentenced to a $388
forfeiture of pay, reduction to paygrade E-1, confinement at hard
labor for four months, and a bad conduct discharge (BCD) .
Subsequently, Petitioner requested immediate execution of the
BCD, and on 19 February 1969 he was so discharged.
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 disciplinary infractions
in both the military and civilian communities, and does not
condone his record of misconduct. However, the Board is also
notes his youth and immaturity, and limited education. Further
the Board is aware that up until the court-martial conviction
which imposed the punitive discharge, Petitioner's misconduct
consisted primarily of very minor offenses. Additionally,
Petitioner served during the Vietnam War, and he served 40 months
of his 48 month enlistment.
Based on the foregoing, and considering the fact that Petitioner
has suffered the consequences of a BCD for more than 30 years,
the Board concludes that no useful purpose is served by
continuing to characterize Petitioner's service as having been
under other than honorable conditions. Accordingly, the Board
concludes that relief in the form of recharacterization of
Petitioner's discharge is now appropriate.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was issued a general discharge on 19 February 1969 vice the
BCD actually issued on the same day.
b. That any material or entries inconsistent with or relating
to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's naval record and the 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, for retention in a confidential file
maintained for such purpose, with no cross reference being made a
part of Petitioner's naval record.
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.
ROBERT D. ZSALMAN
Recorder
Acting 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 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), has been approved by the Board on
behalf of the Secretary of the Na
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