DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMW
Docket No: 2747-05
24 October 2005
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
Ref: (a) 10 U.S.C. 1552
End: (1) Case Summary
(2) Subject’s Naval record
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the United States Marine Corps, applied to
this Board requesting an upgrade of the undesirable discharge he
received on 29 June 1970.
2. e Board, consisting of Mr. UI~I Mr. and Mr.
• reviewed Petitioner’s allegations of error and injustice on 19
October 2005, 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 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 enlisted in the Marine Corps on 3 November 1966
at the age of 17 with parental consent. At that time he had completed
11 years of education and attained test scores that placed him in
Mental Group IV.
d. Petitioner reported to Vietnam on 24 May 1967 and served
as a field artilleryman. While in Vietnam he participated in nine
combat operations and was awarded the Purple Heart Medal. On 17
December 1967 he received nonjudicial punishment for being drunk on
duty.
e. During the period from 3 August 1967 to 14 June 1968, while in
Vietnam, Petitioner received medical care for injuries received from a fall
from a truck, a fragmentation wound to his left arm, a perforated ear drum,
and multiple superficial shrapnel wounds to his chest and abdomen received
during enemy attack.
f. During the period from 15 August 1968 to 1 October 1969, after
departing Vietnam, Petitioner received five NJP’s and was convicted by two
summary courts-martial (SCM’s) for seven instances of unauthorized
absence’s (UA’s) totaling about 161 days, two instances of breaking
restriction, failure to secure a rifle with a lock, failure to sign
restriction papers, underage drinking, absence from his appointed place of
duty, and altering an identification card.
g. On 13 September 1968 Petitioner received medical care for headaches
and blackouts, and on 16 September 1968 he received medical care for severe
headaches, increase in irritability, stammering, anxiousness, and blackout
spells that Petitioner said he had suffered from since Vietnam. Medical
authorities determined that he suffered from post-concussion headaches with
prominent psychiatric elements, and prescribed valium.
h. During April 1969 Petitioner was admitted and treated for viral
hepatitis in a civilian hospital for a period of two weeks.
i. At 1645 on 6 May 1970 Petitioner began a period of UA that ended at
0330 on 7 May 1970. On 27 May 1970 he requested a discharge for good of the
service to avoid trial by court-martial for this UA of about 12 hours.
Petitioner acknowledged that approval of his request could result in an
undesirable discharge. The separation authority subsequently approved his
request and he was so discharged on 29 June 1970.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board
concludes that Petitioner’s request warrants relief. Specifically, the
Board believes the Petitioner’s disciplinary actions were properly taken
and his discharge was in accordance with regulations. Therefore, separation
by reason of good of the service was warranted. However, the Board
considered Petitioner’s service in Vietnam, the injuries and other medical
problems that apparently resulted from serving in Vietnam, his age at the
time of enlistment, and his limited education and low test scores.
Therefore, as a matter of clemency the Board concludes that Petitioner’s
separation should be changed to a general discharge.
2
RECOMMENDATION:
a. That Petitioner’s Naval record be corrected to show that he received
a general discharge on 29 June 1970, vice the undesirable discharge
actually issued on that date.
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 5 April 2005.
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 ALAN E. GOLDSMITH
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 Navy.
DEAN W.
Executive Dir
3
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