DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
JDR
Docket No: 3349-14
10 April 2015
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Ret: (a) 16 U.S.C. 1552
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 the characterization of his
discharge under conditions other than honorable issued on
17 November 1969, be changed.
2 The Board, consisting of i S...;
Po reviewed Petitioner's allegations of error and
injustice on 8 April 2015, 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.
JDR
Docket No: 3349-14
c. Petitioner enlisted in the Marine Corps and began a
period of active duty on 18 April 1967. He served for a year in
Vietnam during the period from 7 November 1967 to
18 November 1968.
d. On 25 September 1967, Petitioner received nonjudicial
punishment (NJP) for four days of unauthorized absence (UA). On
30 November 1967, he was convicted by summary court-martial for
lying down on post and reading a book. During the period from
7 November 1968 to 9 October 1969, he was convicted by special
court-martial of ahd received three NJPs for 42 days of
unauthorized absence.
‘e. Oni1o November 1969, Petitioner was processed for
separation and received an undesirable discharged.
f. In his application, Petitioner states that his periods
of UA and other misconduct and were due to suffering from post-
traumatic stress disorder (PTSD) that developed during his
Vietnam service. He submitted medical evidence of being
diagnosed and treated for PTSD as a result of his time in
Vietnam.
CONCLUSION: 5
"oe é ar
Upon review and consideration of all the evidence of record, the
Board concluded that Petitioner's request warrants relief. In
this regard, based upon his record of service, to include his
Vietnam service, relief in the form of his characterization of
service is warranted. The Board noted that Petitioner provided
a detailed medical history and was rated as 30% disabled due to
PTSD diagnosis from the Department of Veterans Affairs. This
evidence led the Board to reasonably conclude that the PTSD
condition was caused by traumatic service connected events and
existed at the time of his discharge. Finally, after carefully
considering all the evidence, the Board felt that the
Petitioner’s diagnosed PTSD should mitigate the misconduct he
committed while on active duty since the PTSD condition
outweighed the severity of the misconduct. In view of the
above, the Board directs the following corrective action.
JDR
Docket No: 3349-14
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that
on 17 November 1969, he received a “general discharge” vice a
discharge under conditions other than honorable.
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 by the
Board on 27 January 2014.
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.
T. Gs REED
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.
p _
ROBERT J. O'NEILL
Executive director
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