DEPARTMENT OF THE NAVY 

BOARD FOR CORRECTION OF NAVAL RECORDS 
701 S. COURTHOUSE ROAD, SUITE 1001 
ARLINGTON, VA 22204-2490 
 
Docket No: 724-16 
FEB 06 2017 

From: Chairman, Board for Correction ofNaval Records 
To: Secretary ofthe Navy 

Subj: REVIEW NAVAL RECORD OF 

Ref: (a) 10 u.s.cl. 1552 I 
Encl: (1) DD Fonn 149 with attachments 
(2) Case summary 
(3) Subject's naval record 

1. Pursuant to the provisions ofreference (a), Petitioner, a former enlisted member ofthe Marine 
Corps, filed enclosure (I), with this Board requesting, a change to his Enclosures (1) through (3) 
apply. 

2. The Board, consisting of , reviewed 
Petitioner's allegations oferror and injustice on 7 November 2016, and determined that the 
corrective action indicated below should be taken on the available evidence ofrecord. 
Documentary material considered by the Board consisted ofthe enclosures, available naval 
records, and applicable statutes, regulations, and policies. 

3. The Board, having reviewed all the facts ofrecord 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 ofthe Navy. 

b. Although enclosure (I) was not filed in a timely manner, it is in the interest ofjustice to 
waive the statute oflimitations and review the application on its merits. 

c. Petitioner enlisted in the Marine Corps on 11 December 1967. He served in Vietnam, 
participated in ten combat operations, and was awarded a Purple Heart. 

d. On 17 May 1969, Petitioner received noajudicial punishment (NJP) for willfully 
disobeying a superior commissioned officer. On 9 October 1969, and 4 February 1970, at two 
separate summary court martial (SCM) proceedings, Petitioner was found guilty ofviolating 
Uniform Code ofMilitary Justice (UCMJ), Article 91 for communicating a threat, and 
disrespectful language toward a staff noncommissioned officer, respectively. 

e. On 12 May 1970, Petitioner was found guilty at special court martial (SPCM) proceedings 
for violating UCMJ Article 128 (assault). Three witnesses testified that Petitioner struck a man 
with a crutch without provocation. In his request for relief to the Board, Petitioner addresses the 
incident and states that he during his military service, African-Americans were discriminated 
against. He asserts that he and several other African American Marines were attached by white 
Marines; he states he was on crutches at the time. He contends that all ofthe African-American 
Marines were arrested and put in jail. 

f. On 8 July 1970, Petitioner was recommended for administrative separation board by reason 
ofunfitn~ss. Petitioner appeared before an administrative separation board on 6 August 1970. 
The Boatd recommended discharge with an undesirable characteHzation ofservice. 

g. Petitioner was discharged on 26 August 1970, with an Undesirable characterization of 
service. On 4 August 1977, his discharge was upgrade to a General characterization ofservice 
under the Department ofDefense (DoD) Special Discharge Review Program. The upgrade did 
not impact Petitioner's eligibility for benefits. 

h. In his request for correction to his record, Petitioner requests an upgrade to an Honorable 
characterization ofservice. Petitioner states he planned to retire from the military but instead 
was robbed ofhis character and integrity. 

i. The Board considered Petitioner's assertion, his upgrade to a General characterization of 
service under the DoD Special Discharge Program, his contributions in Vietnam, and his average 
marks (3.9/3.9) prior to discharge. 

CONCLUSION: 

Upon review and consideration ofall the evidence ofrecord, and especially in light of 
Petitioner's service in Vietnam, his Purple Heart, and the nature ofPetitioner's misconduct, the 
Board concluded that Petitioner's request warrants partial relief as a matter ofjustice. In this 
regard, the Board concluded that Petitioner is entitled to a General discharge on the basis ofhis 
service record performance marks (3.9/3.9) and wartime contributions, rather than a General 
discharge received pursuant to the DoD Discharge Review Program. The Board specifically 
noted that it determined that Petitioner merits a General discharge characterization that entitles 
him to the full benefits associated with a General characterization ofservice. The Board made 
its determination in consideration ofthe two SCM convictions, one SPCM conviction, and one 
NJP; The Board determined that Petitioner's combat service in Vietnam outweighed the 
infractions, and that an upgrade was warranted. However, the Board determined that the 
misconduct was significant enough that Petitioner did not merit an Honorable characterization of 
service. The Board specifically noted Petitioner's marks at the end ofhis service, when making 
its recommendation for a General characterization ofservice vice an Honorable discharge. 

RECOMMENDATION: 

a. That Petitioner's naval record be corrected to show that on 26 August 1970, he was 
discharged from the Marine Corps with a General (Under Honorable Conditions) 
characterization ofservice. 

b. That Petitioner be issued a new Certificate ofRelease or Discharge from Active Duty (DD 
Form 214) that reflects a General (Under Honorable Conditions) characterization ofservice. 

c. That a copy ofthis report ofproceedings be filed in Petitioner's naval record. 

d. That, upon request, the Department ofVeterans kffairs be informed that Petitioner's 
application was received by the Board on 20 January 2016. 

4. Pursuant to Section 6(c) ofthe revised Procedures ofthe Board for Correction of Naval 
Records (32 Code ofFederal 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 ofthe Board's proceedings in the above entitled matter. 

5. Pursuant to the delegation of authority set out in Section 6( e) ofthe revised Procedures of 
the Board for Correction ofNaval Records (32 Code ofFederal 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 ofreference (a), has been approved by the Board on 
behalf ofthe Secretary ofthe Navy. 

Executive Director