DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
‘
BAN
Docket No. 08623-09
28 May 2010
From: Chairman, Board for Correction of Naval Records |
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD or @
Ref: (a} 10 U.S.c, 1552
Encl: (1) Case Summary
(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 a general discharge with Department of Veterans Affairs
(DVA) benefits, vice a general discharge pursuant to the Special
Discharge Review Program (SDRP) without DVA benefits issued on 19 June
1978.
2. The Board, consisting of Mr. —. Ms. ees: renee
reviewed Petitioner’s allegations Of error an 010
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. Petitioner enlisted in the Marine Corps on 3 January 1968. He
served in Vietnam immediately following basic training and was awarded
the Combat Action Ribbon (CAR}, Republic of Vietnam Meritorious Unit
Commendation, National Defense Service Medal and the Vietnam Service
Medal.
c. While stationed in Vietnam, Petitioner received the following
disciplinary actions: on 12 September 1968, he received nonjudicial
punishment (NJP) for an unauthorized absence (UA); on 7 January 1969, he
was convicted by a special court-martial (SPCM) for UA in excess of six
weeks and breaking restriction; on 31 July 1969, he received NUP for
failure to obey a lawful order; on 27 August 1969, he was convicted at at
SPCM for failure to obey a lawful order and possession of a controlled
Docket No. 08623-09
substance (marijuana); and on 25 April 1970, he was convicted at a
summary court-martial for UA. Further, he was pending a court-martial
for being UA for 62 days and possession of a controlled substance
(marijuana). However, he was separated in lieu of a trial by court-
martial, and on 18 September 1970, he received an undesirable discharge.
d. In August 1977, an SDRP changed the characterization of
Petitioner's discharge to a general discharge in accordance with the
provisions of President Ford’s proclamation. On 22 May 1979, the
recharacterization was not affirmed under Public Law 95-126, thus denying
him eligibility for DVA benefits.
£. Petitioner argues that he is a Vietnam combat veteran who
suffered with posttraumatic stress disorder (PTSD), anxiety, and major
depressive disorder which caused his misconduct.
CONCLUSION
Upon review and consideration of all the evidence of record, the Board
concludes that Petitioner's request warrants favorable action.
Petitioner served in Vietnam and received a CAR. The Board believes that
his offenses were due to his undiagnosed PTSD, anxiety, and major
depression. The Board does not condone his misconduct, but believes
clemency is warranted in this case. Since he is not eligible for
veterans’ benefits based on his recharacterized discharge under the SDRP
and given the passage of time, the Board concludes that the discharge
should now be upgraded to general under honorable conditions.
RECOMMENDATION:
That Petitioner's naval record be corrected, where appropriate, as
follows:
a. That Petitioner’s naval record be corrected to show that he
received a general discharge under honorable conditions on 18 September
1970, vice the general discharge under the SDRP.
b. A copy of this Report of Proceedings will be filed in
Petitioner's naval record.
4, Pursuant to Section 6{c) of the revised Procedures of the Board
for Correction of Naval Records (32 Code of Federal Regulations,
Section 723.6(¢c)}) it is certified that 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 entitied
matter.
Blac} Me
ROBERT D. ZSALMAN BRIAN J. “GEORGE
' Recorder Acting Recorder
Docket No. 08623-09
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
\y oa
W. DEAN PF
Executive Di r
NAVY | BCNR | CY2002 | 07518-00
he had been granted an honorable discharge by the Department of the Navy, but that this decision was reversed by the Marine Corps. b. Mr. documentation that the patient manifested symptoms of PTSD immediately following his return from Vietnam, and that these symptoms led to the patient's undesirable discharge in 1970. result of the patient's Vietnam combat experiences.
NAVY | BCNR | CY2013 | NR2151-13
After careful and conscientious consideration of the entire record, the Board found the evidence submitted was insufficient to establish the existence of probable material error or injustice. On 29 July 1970, you submitted a written request for a good of the service discharge in order to avoid trial by court-martial for two periods of UA totaling 181 days. Your request for discharge was granted and on 11 August 1970, you received an undesirable discharge for the good of the service in lieu...
NAVY | BCNR | CY2002 | 06281-02
Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting, in effect, that his naval record be corrected to show a more favorable type of discharge than the general discharge issued on 21 July 1977. In this regard, benefits would only been granted if the discharges were recharacterized using traditional standards by the discharge review boards or the boards for correction of military records. ...
ARMY | BCMR | CY2008 | 20080010428
The applicant's records do not show any significant acts of valor during his military service. On 17 July 1972, the Army Discharge Review Board (ADRB) denied the applicants request for an upgrade of his discharge. This program, known as the DOD SDRP, required, in the absence of compelling reasons to the contrary, that a discharge upgrade to either honorable or general be issued in the case of any individual who had either completed a normal tour of duty in Southeast Asia, been wounded in...
ARMY | BCMR | CY2010 | 20100011237
Counsel requests, in effect, that the applicant's Special Discharge Review Program (SDRP) upgrade to General be affirmed on his DD Form 214 (Report of Separation from Active Duty) and the reason for separation be changed to medical disability. The applicant's records show he applied to the Army Discharge Review Board (ADRB) for upgrade of his discharge and, on 9 August 1977, the ADRB denied the applicant's request. The counsel's requests, in effect, that the applicant's Special Discharge...
ARMY | BCMR | CY2008 | 20080011167
To deal with the trauma which later became known as post-traumatic stress disorder (PTSD), he self-medicated with alcohol and drugs. There is no evidence in the available records which shows the applicant requested a hardship discharge prior to his discharge. He stated, when he requested discharge, that he did not like Germany or the Army at all so he reenlisted to go to Vietnam.
NAVY | BCNR | CY2013 | NR3686 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 22 April 2014. On 20 June 1977 a panel of the Naval Discharge Review Board {NDRB}, convened under the Special Discharge Review Program (SDRP) and upgraded your undesirable discharge to general under honorable conditions. the Board concluded these factors were not sufficient to warrant recharacterization of your discharge given your misconduct that resulted in an...
NAVY | BCNR | CY2000 | 03714-00
Consequently, when applying for a correction of an official naval record, the burden is on the applicant to demonstrate the existence of probable material error or injustice. Pursuant to reference (a) a review of enclosure (1) was conducted to form opinions about the subject petitioner's claims that he suffered fiom Post Traumatic Stress Disorder at the time of his service and that this was a significant contributing factor to the misconduct that lead to his discharge. The misconduct that...
NAVY | BCNR | CY2013 | NR5616 13
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 3 June 2014. 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 concluded that you received the benefit of your bargain with the Marine Corps when you were discharged at your request rather than being...
NAVY | BCNR | CY2001 | 06670-01
Your military record shows that on 23 April 1971 you submitted a written request for an undesirable discharge in order to avoid trial by court-martial for this 239 day period of unauthorized absence. requesting that original DD Form 214 issued on 2 June 1971 and the information on the SDRP 214 be corrected by removing all entries showing that you originally received an undesirable discharge. were not sufficient to warrant further recharacterization of your discharge or a confirmation of...