DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
7O1S., COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TIR
Docket No: 5601-13
S June 2014 .
From: Chairman, Board for Correction of Naval Records
To: Secretary cf the Navy
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 Marine Corps, filed an application
with this Board requesting that the characterization of his bad
conduct discharge (BCD) be changed. It was issued on 4 December
1970.
2. The Board, consisting of Mr. Gattis, Mr. Grover, and Ms.
Trucco, reviewed Petitioner’s allegations of error and injustice
on 3 dune 2014 and, pursuant to its regulations, a majority
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 Petitioner's application 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. , me SO
_¢.: Petitioner enlisted in the Marine Corps at age 18 and
began a period of active duty on 14 September 1967.
ad. The record reflects that during the period from March 1968
to March 1969, while serving in the Republic of Vietnam (RVN),
Petitioner participated in 16 combat operations. Also, while
serving in RVN, he was wounded as a result of a hostile act of
the enemy, and subsequently awarded the Purple Heart Medal.
€. In late March 1969 his unit returned to the United States,
where he continued to serve without disciplinary incident until
28 August 1969, when he was convicted by summary court-martial
(SCM) of a 20 day period of unauthorized absence (UA). Within
the following eight months, he was again UA on three more
occasion. As a result, on 7 April 1970, he was convicted by
special court-martial (SPCM) of three periods of UA totalling 128
days. He was sentenced to reduction to paygrade E-1i, confinement
at hard labor for two months, a $164 forfeiture of pay, and a
BCD.
f. On 4 August 1970, Petitioner submitted a written request
for suspension of the BCD and restoration to duty. However, his
request was denied and on 4 December 1970, he was issued a BCD.
g. In his application, Petitioner states, in part, that he is
now suffering from Post-Traumatic Stress Disorder (PTSD)
resulting from his service in RVN. He also states that after
returning from RVN he had a hard time adjusting which
subsequently led to his periods of UA. Nonetheless, he requests
that the Board grant him clemency in the form of a general
discharge, by taking into consideration his period of honorable
service, time served in RVN, and the award of the Purple Heart
Medal.
MAJORITY CONCLUSION:
Upon review and consideration of all the evidence of record, a
majority of the Board, consisting of Mr. Grover and Ms. Trucco,
concludes that Petitioner's request warrants favorable action.
While the majority does not condone Petitioner's periods of UA
while on active duty, it notes his youth, nearly two year period
of satisfactory service, participation in RVN combat operations,
and receipt of the Purple Heart Medal. With the foregoing in
mind and as an act of clemency, the majority believes that since
Petitioner has suffered the consequences of a BCD for nearly 45
years, no useful purpose is served by continuing to characterize
his service as having been under other than honorable conditions.
With that being said, the majority concludes that relief in the
form of recharacterization to a general discharge is appropriate.
In view of the foregoing, the majority finds the existence of an
injustice warranting the following corrective action.
MAJORITY RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that
he was issued a general discharge on 4 December 1970 vice the BCD
actually issued on that same day.
b. That a copy of this Report of Proceedings be filed in
Petitioner' Ss naval record.
c. That, upon request, the Veterans Administration be
informed that Petitioner's application was received by the noara
on 24 May 2013.
MINORITY CONCLUSION:
Mr. Gattis disagrees with the majority and concludes that
Petitioner's request does not warrant favorable action.
The minority member is aware of the favorable aspects of
Petitioner’s record. However, the Minority also notes
Petitioner's periods of UA were both repetitive and lengthy and
totalled about five months. Accordingly, the minority member
believes that Petitioner's BCD was justified by the foregoing
misconduct, and the characterization of his service should not be
changed.
In view of the foregoing, the minority finds no error or
injustice warranting corrective action.
MINORITY RECOMMENDATION:
a. That Petitioner's request be denied.
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.
ROBERT D. ZSALMAN BRIAN J. GEOR:
Recorder Acting Recorder
5. The foregoing action of the Board is submitted for your review
and action. ; S | ea
ROBERT DBD. ZSALMAN
Acting Executive Director
MAJORITY REPORT APPROVED:
MINORITY REPORT APPROVED:
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