Search Decisions

Decision Text

NAVY | BCNR | CY2007 | 10763-07
Original file (10763-07.pdf) Auto-classification: Approved
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.

Similar Decisions

  • NAVY | BCNR | CY2007 | 05350-07

    Original file (05350-07.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 5350-07 2 September 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: AVAL RECORD O REVIEW OF Ni Ref: (a) 10 U.S.C. With his application, he also provided psychiatric treatment records from 10 October 2006 to 9 April 2007, and a letter from the treating psychiatrist, Dr. Ehtesham, who states that he is diagnosed as having severe PTSD and...

  • NAVY | BCNR | CY2008 | 06637-08

    Original file (06637-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 SMS Docket No: 6637-08 25 March 2009 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 Encl: (1) Case Summary (2) Subject's naval record 1. Pursuant to the provisions of reference (a), Petitioner, a former member of the Marine Corps, applied to this Board requesting to upgrade the bad conduct discharge (BCD)...

  • NAVY | BCNR | CY2002 | 00130-01

    Original file (00130-01.pdf) Auto-classification: Denied

    Your allegations of error and A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 2 October 2002. injustice were reviewed in accordance with administrative regulations and procedures applicable to the proceedings of this Board. "I want out of the military service because On 16 July 1968 you received On 14 June You On 28 March 1969, the Naval Discharge Review Board considered your case and concluded that the original...

  • NAVY | BCNR | CY2009 | 02500-09

    Original file (02500-09.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your ‘application on 12 January 2010. Documentary material considered by the Board consisted of your application, together with ali material submitted in support thereof, your naval record, and applicable statutes, regulations, - and policies. Nevertheless, the Board found that these factors were not sufficient to warrant a change in your characterization of service given your two...

  • NAVY | BCNR | CY2002 | 01492-02

    Original file (01492-02.rtf) Auto-classification: Denied

    Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record and applicable statutes, regulations and policies.After careful and conscientious consideration of the entire record, the Board found that the evidence submitted was insufficient to establish the existence of probable material error or injustice.You enlisted in the Marine Corps on 14 September 1963 for four years at age 17. However, the Board...

  • NAVY | BCNR | CY2001 | 04690-99

    Original file (04690-99.pdf) Auto-classification: Denied

    You were so discharged on 15 July The commanding officer noted In its review of your application the Board conducted a careful search of your service and medical records for any evidence showing you were wounded in action while serving in Vietnam. you were transferred from Vietnam, request to CMC to see if you were reported to have been wounded in action on 26 March 1966. Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate...

  • NAVY | BCNR | CY2010 | 07585-10

    Original file (07585-10.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 24 May 2011. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and polic.es.. After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the...

  • NAVY | BCNR | CY2008 | 04567-08

    Original file (04567-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 February 2009. Documentary material considered by the Board consisted of your application, together with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. The Board also noted that as a result of your general characterization of service in the Marine Corps, you may be eligible for veterans' benefits.

  • NAVY | BCNR | CY2005 | 02747-05

    Original file (02747-05.doc) Auto-classification: Approved

    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. The separation authority subsequently approved his request and he was so discharged on 29 June 1970. However, the Board considered Petitioner’s service in Vietnam, the injuries and other medical problems that apparently resulted...

  • NAVY | BCNR | CY2008 | 04653-08

    Original file (04653-08.pdf) Auto-classification: Denied

    A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 11 February 2009. Documentary material considered by the Board consisted of your application, togethér with all material submitted in support thereof, your naval record, and applicable statutes, regulations, and policies. On 10 January 1966, your commanding officer initiated administrative separation by reason of unsuitability, and recommended a general...