DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
701 S. COURTHOUSE ROAD, SUITE 1001
ARLINGTON, VA 22204-2490
TAL
Docket No: 9483-14/
8723-95
10 February 2015
From: Chairman, Board for Correction of Naval Records
TOs Secretary of the Navy
Subj: REVIEW OF . RECORD OF x (iii
Ref: (a) 10 U.8.€6. 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 Navy, filed enclosure (1) with this
Board requesting that the other than honorable (OTH)
characterization of his discharge of 18 February 1972, be changed
to general under honorable conditions.
reviewed Petiti S allegations of error and
Justice on 4 February 2015,
and pursuant to its regulations,
determined that the limited 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
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 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 Navy on 20 September 1968, and
Shortly thereafter, on 3 May 1971, he began a 27 day period of
unauthorized absence (UA) that was not terminated until 1 June
1971. However, no disciplinary action was taken for this period
ef UA. On 6 July 1971, he was again in a UA status until
apprehended by civil authorities on 1 October 1971. Asa result,
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Docket No: 9483-14/
8723-95
he was subsequently convicted of illegal use of drugs and
sentenced to confinement for 12 months and a $400 fine. He was
returned to military custody on 2 December 1972.
d. Subsequently Petitioner submitted a written request for an
other than honorable discharge in lieu of trial by court-martial
for the foregoing 148 day period of UA. His request was granted
and on 18 February 1972, he was discharged under other than
honorable conditions. On 18 December 1975, Petitioner was issued
a clemency discharge based on completion of alternate service.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. The Board initially notes his disciplinary infractions
and does not condone his misconduct. However, the Board notes
his service in Vietnam and concludes that as a matter of
clemency, the record should reflect that he was discharged with a
general characterization of service vice receiving an OTH
discharge. Based on the foregoing, the Board concludes that no
useful purpose is served by continuing to characterize his
service as having been under OTH conditions and
recharacterization to a general discharge is appropriate.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action:
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
on 18 February 1972 he was discharged with a general under
honorable conditions characterization of service.
b. That any material or entries inconsistent with or relating
to the Board's recommendation be corrected, removed, or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
c. That no further relief be granted.
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
TAL
Docket No: 9483-14/
8723-95
presented 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. J. 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.
J
ROBERT J. O'NEILL
Executive Director
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