DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROADQ, SUITE 1001
ARLINGTON, VA 22204-2490
SON
Docket No: 03504-11
2 February 2012
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ref: (a) 10 U.S.C. 1552
Enel: {1) DD Form 149 with attachments
(2) Cage Summary
(3) Subject's naval secord
1. Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Marine Corps, filed enclosure (1)
with this Board requesting an upgrade of his other than
honorable (OTH) discharge, which was issued on 10 March 1969, to
a general characterization of service.
2. The Board, consisting of Mr. Zsalman, Mr. Pfeiffer, and .
Mr, Exnicios, reviewed Petitioner's allegations of error and
injustice on 31 January 2012 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 enclosure {1) was not filed in a timely manner,
it is in the interest of justice to waive the statue of
limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps and began a
period of active duty on 22 February 1966. During the period
from 19 July 1966 to 29 February 1968, he was convicted by two
special courts-martial (SPCM’s) of two periods of unauthorized
absence (UA) totaling 173 days, received nonjudicial punishment
(NJP} for absence from his appointed place of duty, and was
convicted by a general court-martial (GCM) of two periods of UA
totaling 229 days. He was sentenced to confinement at hard
labor, a forfeiture of pay, and a dishonorable discharge. On 11
April 1968, the convening authority (CA) approved the sentence.
However, the execution of all portions of the sentence was
sugpented for a period of 15 months from the date of the CA’s
action. On 13 February 1969, a medical board diagnosed
Petitioner with a passive aggressive personality disorder, which
existed prior to his entry on active duty. It was recommended
that he be discharged due to unsuitability. Subsequently, on
10 March 1969, he was discharged under other than HenGranile .
(OTH) conditions.
d. Wavy regulations state that when service members are .
being administratively separated due to a personality disorder,
their characterization of service should be honorable unless a
general characterization of service is warranted.
CONCLUSION:
Upon review and consideration ef all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
In this regard, the Board notes Petitioner's overall record of
military service, including his two SPCM’s, NJP, and GCM
conviction. The Board notes that his discharge should have been
the type warranted by his service record. Accordingly, given
his record of service and misconduct, the discharge under OTH
conditions was erroneous, and should be changed to a general
discharge.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 10 March 1969 Petitioner was issued a general discharge vice
the OTH, now of record.
b. That a copy of this BepOre 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 on 31 March
2011.
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.
Daren) aoagh
ROBERT D. ZSALMAN BRIAN J
Recorder — - RKReting 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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