DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
SMS
Docket No: 10763-07
2 September 2008
From: Chairman, Board for Correction of Naval Records
To: secretary of the Navy
Subj:
Ref: (a) 10 U.S.C. 1552
Encl: (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 bad conduct
discharge (BCD) that he received on 15 October 1968.
2. The Board, consisting of and
reviewed Petitioner's allegations of error and
injustice on 27 August 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. On 12 November 1974, Petitioner enlisted in the Marine
Corps at age 17 with parental consent. At that time, he had
completed ten years of education and attained average test
scores. On 11 June 1965, he had nonjudicial punishment for a
two day period of unauthorized absence (UA).
c. On 15 August 1965, Petitioner reported to Vietnam and
served as a machine gunner and ammunition man for more than
nine months and then as a motor vehicle operator for more than
eight months. While in Vietnam, he participated in 11 combat
operations and was awarded the Vietnam Service Medal, Vietnam
Campaign Medal, Presidential Unit Citation, and National
Defense Service Medal. On 11 February 1967, he departed
Vietnam. At that time his average proficiency and conduct
marks were 4.1 and 4.0, respectively. He subsequently failed
to comply with orders to report to a stateside command. On
18 May 1967, he was returned to military authorities after
being in a UA status for about 61 days, but no disciplinary
action was taken.
d. During the period 4 July to 18 August 1967, Petitioner
was in a UA status. On 28 September 1967, he received a
psychiatric evaluation which stated that he was suffering from
a personality disorder that was not amenable to short term
psychotherapy. The evaluation concluded by diagnosing him as
having an immature personality with passive-aggressive features
and finding him fit for duty. On 23 October 1967, he was
convicted by a special court-martial (SPCM) of the 45 day
period of UA, breaking restriction, and failure to obey a
lawful order. During the period 2 January to 26 April 1968, he
was in a UA status. On 29 May 1968, he was convicted by a SPCM
of the 114 day period of UA. During the court-martial he did
not speak or verbally plead guilty. The sentence included
confinement at hard labor, forfeitures of pay, and a BCD. On
11 July 1968, he received another psychiatric evaluation that
diagnosed him as having an emotionally unstable personality
with alcoholic and sociopathic tendencies. On 3 October 1968,
a separation physical examination noted that he had an
emotionally unstable personality. After the BCD was approved
at all levels of review, on 15 October 1968, he was so
discharged.
e. In his application, Petitioner states that his problems
started while in Vietnam when he began drinking after each
patrol and without realizing it he became an alcoholic. He
further states that he does not argue that he was at fault for
his misconduct, but believes that he had Post-Traumatic Stress
Disorder (PTSD) and drank as a way of coping.
CONCLUSION:
Upon review and consideration of all evidence of record, the
Board concludes that Petitioner's request warrants relief.
Specifically, the Board believes that his disciplinary actions
were properly taken and was in accordance with regulations.
However, the Board considers his 18 months of unblemished
service in Vietnam, participation in numerous combat
operations, above average proficiency and conduct mark averages
when he departed Vietnam, age at the time of his enlistment,
and limited education. Furthermore, the Board believes that
his post service Vietnam psychiatric evaluations and change in
his conduct support his contention of having difficulties
coping. Therefore, as a matter of clemency, the Board
concludes that his separation should be changed to a general
discharge.
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he received a general discharge on 15 October 1968, vice the
BCD 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 Department of Veterans Affairs be
informed that Petitioner's application was received by the
Board on 4 December 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.
Gorn) Ares
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.
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