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NAVY | BCNR | CY2007 | 06981-07
Original file (06981-07.rtf) Auto-classification: Approved
DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100


 SMW
 Docket No: 6981-07
3 April 2008
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 Marine Corps, applied to this Board requesting an honorable characterization of service vice the under honorable characterization of service that was issued on 29 May 1967.
2.       The Board, consisting of Mr. Mr. and Mr. reviewed Petitioner’s allegations of error and injustice on 2 April 2008, 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.       On 31 May 1963, Petitioner enlisted in the Marine Corps at age 17 with parental consent. On 7 May 1965, he reported for duty in Vietnam as a machine gunner. He had one nonjudicial punishment (NJP) while serving in Vietnam for failure to obey a lawful order. On 31 March 1966, he departed Vietnam. At that time, his proficiency and conduct mark averages were 4.0 and 4.1,
respectively.
d.       On 18 May 1966, Petitioner reported for duty as a machine gunner to a stateside duty station. During the period 15 August 1966 to 15 April 1967, he had three NJP’s and was convicted by a sunimary court-martial for dereliction in the performance of his duties by failing to ensure rifle racks were locked before going on liberty, a brief instance of unauthorized absence, sleeping on post, and failure to go to his appointed place of duty. On 29 May 1967, he was released from active duty under honorable conditions due to the expiration of his enlistment. At that time, his proficiency and conduct mark averages were 4.0 and 3.5, respectively. On 30 May 1969, he’ was separated with a general discharge due to the expiration of his obligated service.
e.       Upon discharge, Petitioner’s awards included the Combat
 Action Ribbon, Presidential Unit Citation, National Defense
Service Medal, Vietnam Service Medal with two bronze stars,
Vietnam Campaign Medal with a device, and Republic of Vietnam
Meritorious Unit Citation with a Gallantry Cross Medal.
f.       The Board is aware that during the time of Petitioner’s service, an honorable characterization of service was normally conditioned upon minimum proficiency and conduct mark averages of 3.8 and 4.0, respectively.
CONCLUSION:
Upon review and consideration of all the evidence of record, the Board concludes that Petitioner’s request warrants relief. In this regard, the Board considers his 4.1 conduct mark average when he departed Vietnam, awards that included the Combat Action Ribbon, overall service record, and his final proficiency mark average that met the requirement for a fully honorable characterization of service. Furthermore, the Board finds his offenses for which he received disciplinary action are relatively minor. Therefore, as a matter of clemency, the Board concludes that the record should be corrected to show that he was honorably released from active duty and subsequently separated with an honorable discharge.




2
RECOMMENDATION:
 a.       That Petitioner’s naval record be corrected to show that he was honorably released from active duty due to the expiration of his enlistment on 29 May 1967, vice under honorable conditions actually issued on that date.
b.       That Petitioner’s naval record be further corrected to show that he was honorably discharged due to the expiration of his obligated service on 30 May 1969, vice the general discharge actually issued on that date.
c.       That this Report of Proceedings be filed in Petitioner’s naval record so that all future reviewers will understand the reason for the changes in his record.
d.       That upon request, the Veterans Administration be informed that Petitioner’s application was received by the Board on 3 August 2007.
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        BRIAN J. GEORGE
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.


                                                               W. DEAN PFEIFFER
Executive Director

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