DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
BAN
Docket No: 00650-10
27 October 2010
From: Chairman, Board for Correction of Naval Records
TS : Secretary of the Navy
Sub}: REVIEW OF NAVAL RECORD OF FORMER a
Ref: (4) LO Us8.C. L552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. Pursuant to the provisions of reference {a}, Petitioner, a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting that his general characterization of
service issued on 23 April 1970, be changed to an honorable
discharge.
2. The Board, consisting of Mr. 7 and ‘ses. (a and
. od reviewed Petitioner's allegations of error njustice
oO ctober 2010 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 it appears that enclosure (1) was not filed ina
timely manner, it is in the interest of justice to waive the
statute of limitations and review the application on its merits.
c. Petitioner entered active duty in the Marine Corps on 3
July 1968. During his period of service, he received nonjudicial
punishment on 22 January 1969 for an unauthorized absence in
excess of 29 days. He claims that he wanted to see his family
during the holidays prior to going to Vietnam.
d. On 16 August 1969, while in Vietnam, he was wounded,
hospitalized and received a Purple Heart. He was separated on 23
April 1970, with a general characterization of service and an RE-
4 reenlistment code due to medical complications of having an
enlarged spleen caused by contracting malaria.
e. In Petitioner's application, he apologized and claims that
he was young, naive and stupid. He also states that at the time
of the offense, he accepted his punishment, and continued his
military service honorably without further misconduct. He states
that he is a productive member of his community. Additionally,
he provided numerous references from his community in support of ’
his request.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action because of his post-military community service, personal
references, and the Purple Heart he received while in combat.
Based on the foregoing and considering the fact that he has
suffered the consequences of such a discharge for more than 40
years, the Board concludes that no useful purpose is served by
continuing to characterize his service under honorable conditions
and recharacterization to an honorable discharge is appropriate.
In view of the foregoing, the Board finds the existence of an
@njustgice warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that he
was issued an honorable discharge on 23 April 1970 vice a general
characterization of service on the same day.
b. That a copy of this Report of Proceedings 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 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. 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.
= Ls
ROBERT D. ZSALMAN BRIAN GEORG
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 PPEIKF
By direction
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