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NAVY | BCNR | CY2006 | 02089-06
Original file (02089-06.rtf) Auto-classification: Approved

         DEPARTMENT OF THE NAVY
                   2 NAVY ANNEX
          BOARD FOR CORRECTION OF NAVAL RECORDS
          WASHINGTON DC 20370-5100         





         TRG
         Docket No: 2089-06
         11 July 2007



From:    Chairman, Board for Correction of Naval Records
To:      Secretary of the Navy
         
         Subj     REVIEW OF NAVAL RECORD OF
Ref:     (a) Title 10 U.S.C. 1552
End:     (1) Case Summary
 (2)      Subjects naval record
1.       Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed an application with this Board requesting recharacterization of his discharge under other than honorable conditions.
2.       The Board, consisting of Mr. Pfeiffer, Mr. Mann and Mr. Neuschafer , reviewed Petitioner’s allegations of error and injustice on 10 July 2007 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 Petitioner’s application was not filed in a timely manner, it is in the interest of justice to waive the statute of limitations and consider the application on its merits.


c.       Petitioner enlisted in the Marine Corps on 7 May 1987 at age 23. On 19 April 1988 he received nonjudicial punishment for four instances of failure to go to his appointed place of duty. A special court-martial convened on 20 July 1988 and convicted him of an unauthorized absence of about 11 days and another failure to go to his appointed place of duty. The court sentenced him to forfeitures of pay and 30 days confinement at hard labor.
d.       On 8 August 1988 he was counseled concerning an alcohol- related incident. In September he was counseled and
 warned that further misconduct could lead to discharge processing. Subsequently, he was charged with five specifications of failure to go to his appointed place of duty. On 30 September 1988 he was notified of separation processing by reason of pattern of misconduct. In connection with this processing, he elected to waive the right to have his case heard by an administrative discharge board. After review, the discharge authority directed discharge under other than honorable conditions and he was so discharged on 31 October 1988.
e.       Petitioner states in his application that while in the Marine Corps he was suffering from anxiety, panic disorder, severe depression and alcoholism. He also states that he was in two psychiatric wards and was hospitalized at the time of his discharge. His mother states that although there is no documentation in his medical record, her son was in two different psychiatric units while in the Marine Corps. Further, he has been hospitalized numerous times for psychiatric problems since discharge.
f.       There is no documentation in the record to support hospitalization for psychiatric problems immediately prior to discharge. However, he was seen by a psychologist early in his enlistment complaining of nervousness caused by an irregular heartbeat. He was found to have low self-esteem and anxiety. Subsequently, he was seen by a cardiologist who noted that he was extremely anxious about his irregular heart beat. After testing, he was diagnosed with a benign irregular heartbeat.
CONCLUSION:
Upon review and consideration of all the evidence of record the Board concludes that Petitioner’s request warrants favorable action. Although the medical record is incomplete, there is some evidence to support his contention that he was suffering from anxiety while in the Marine Corps and that he may have been unsuitable for service. In view of the possibility that he was unsuitable, the relatively minor nature of his offenses and the passage of time, the Board concludes that no useful purpose is now served by the discharge under other than honorable conditions and it should be recharacterized to a general discharge.


The Board further concludes that this Report of Proceedings should be filed in Petitioner’s naval record so that all future reviewers will understand the reasons for recharacterization of the discharge.
RECONNENDATIQN:


a.       That Petitioner’s naval record be corrected to show that
         2
 on 31 October 1988 he was issued a general discharge vice the discharge under other than honorable conditions now of record.
b. That this Report of Proceedings be filed in Petitioner’s naval record.
c. That the Department of Veterans Affairs be informed upon request that Petitioner’s application was received by the Board on 7 March 2006.
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        A LAN E. GOLD SMI TH
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 Regulations, Section 72 3.6(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


                                                                        W. DEAN PFEIFFER
                                                                         Executive Director

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