DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7001S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
SJN
Docket No: 03187-12
26 February 2013
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW NAVAL RECORD O
Ref: f(a) 10 U.8.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 an upgrade of his other than honorable
(OTH) discharge, that was issued on 25 August 1970, to a general
characterization of service.
2. The Board, consisting of Messrs. Gorenflo, Lippolis and Ivins,
reviewed Petitioner's allegations of error and injustice on
20 February 2013 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 statute of
limitations and review the application on its merits.
c. Petitioner enlisted in the Marine Corps and began a
period of active duty on 16 January 1968. The Board found that
during the period from 22 August 1968 to 3 June 1970, he received
three nonjudicial punishments (NJP’s) for four periods of
unauthorized absence (UA) totaling eight days. He was also
convicted by summary court-martial (SCM) of three specifications
of UA totaling nine days. He was sentenced to confinement at
hard labor, a forfeiture of pay and a reduction in paygrade.
Further, he was counseled and warned that further misconduct
could result in administrative discharge action. Subsequently,
he was notified of pending administrative separation action by
reason of misconduct due to frequent involvement of a
discreditable nature with military authorities. After being
advised of his procedural rights, he waived the right to an
administrative discharge board (ADB). On 24 July 1970, he
received a fourth NIP for two days of UA. His case was forwarded
and the separation authority directed discharge under OTH
conditions by reason of misconduct. He was so discharged on
25 August 1970. He served in Vietnam during the war.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board, concludes that Petitioner's request warrants favorable
action.
In reaching its conclusion, the Board notes Petitioner’s youth,
Vietnam service, character letters accompanying his application,
and post service accomplishments. After careful and
conscientious consideration of the entire record, including his
four NUP’s for relatively minor disciplinary infractions and
conviction by SCM, the Board concludes that even though the OTH
was proper, based on his overall record of military service, it
should reflect a general characterization of service as an act of
clemency based on his youth, immaturity and Vietnam service. In
view of the foregoing, the Board recommends the following
corrective action:
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
on 25 August 1970, he was issued a general discharge vice the OTH
discharge 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 on
Lo March 2012.
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.
CR sti na
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.
W. DE
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