DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
JRE
Docket No. 01057-07
28 January 2008
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: FORMER wgpieeiaielenaae
REVIEW OF NAVAL RECORD
Encl: (1) DD Form 149
(2) Subject's naval record
1. Pursuant to the provisions of reference (a), Subject,
hereinafter referred to as Petitioner, filed enclosure (1) with
this Board requesting, in effect, that the applicable naval
record be corrected to show that he was honorably discharged by
reason of alcoholism rather than unfitness. He contends, in
effect, that his misconduct was related to his untreated
alcoholism, and that he became sober in 1973, and has a good
record of post-service conduct and achievements.
2. The Board, consisting of Ms . ion vests. Wiig
and me: reviewed Petitioner's allegations of error an
injustice on 17 January 2008, and pursuant to its regulations,
determined that the partial 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. Petitioner enlisted in the Navy on 27 October 1964. He
received nonjudicial punishment on six occasions and was
convicted by special court-martial. His offenses included
Renal inathheeisee scatact oo
absence from place of duty, failure to obey orders,
insubordinate conduct, provoking speeches or gestures,
unauthorized absence, disrespect, assault, drunk in public,
drunkenness, drunk and disorderly conduct and resisting
apprehension. On 22 May 1968, he was separated from the Navy
with an undesirable discharge by reason of frequent incidents of
a discreditable nature with military authorities. He completed 3
years, 6 months and 6 days of creditable service, and completed
a 13-month tour of duty in Vietnam as a medical corpsman.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner has failed to submit sufficient
evidence to demonstrate that his discharge by reason of
unfitness is erroneous or unjust, that he was unfit for service
by reason of physical disability, or that he should have been
discharged for medical reasons rather than unfitness. [It
concludes further that his service was appropriately
characterized with an undesirable discharge, given his repeated
acts of misconduct.
Notwithstanding the foregoing, the Board finds that the majority
of Petitioner’s misconduct was related to his intemperate use of
alcohol. Although his misconduct should not be excused on that
basis, it is significantly mitigated. Accordingly, and in
consideration of his successful completion of a tour of duty in
Vietnam good record of post-service conduct and achievements
over the past three decades, it would be in the interest of
justice, as a matter of clemency, to upgrade his discharge to
general.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
he was separated from the Navy on 22 May 1968 with a general
discharge under honorable conditions, vice with the undesirable
discharge under other than honorable conditions he actually
received on that date.
b. That so much of his request for corrective action as
exceeds the foregoing be denied.
c. That a copy of this Report of Proceedings be filed in
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 Le R. EXNICTOS
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 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.
Re BB, ae
rex W. DEAN PFEIFFER
Executive Director
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