Docket No: 2231-18

 Ref: Signature Date 

From: Chairman, Board for Correction of Naval Records 

To: Secretary of the Navy 

Subj: REVIEW OF NAVAL RECORD OF 

Ref: (a) 10 U.S.C. § 1552 

 (b) SECNAVINST 5420.193 

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 the Board for Correction of Naval Records (Board) 
requesting that his other than honorable (OTH) characterization of service dated 4 December 
1973, be changed. 

2. The Board, consisting of reviewed Petitioner's 
allegations of error and injustice 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 on During the period from Petitioner received non-judicial 
punishment (NJP) twice, for two instances of writing worthless checks and failure to obey a lawful order. 
Petitioner submitted a written request for discharge for the good of the service (GOS) to avoid 
trial by court-martial for intent to defraud by writing 20 bad checks. Prior to submitting this 
request, Petitioner conferred with a qualified military lawyer, at which time he was advised of 
his rights and warned of the probable adverse consequences of accepting such a discharge. 

His request was granted and his commanding officer (CO) was directed to discharge him with an 
other than honorable (OTH) characterization of service. As a result of this action, he was spared 
the stigma of a court-martial conviction, as well as the potential penalties of such a punitive 
discharge. He was discharged on 

CONCLUSION: 

Upon review and consideration of all the evidence of record, the Board concluded that 
Petitioner’s request warranted favorable action. 

The Board noted Petitioner’s disciplinary infractions, and did not condone his misconduct. 
However, the Board concluded that clemency should be granted due to his change in behavior 
upon returning from duty in Vietnam. His bad check writing was due to his drug and alcohol 
abuse, and was perhaps driven by post-traumatic stress disorder. In this regard, the Board 
concluded that the record should be corrected to show he received a general (under honorable 
conditions) characterization of service. In view of the foregoing, the Board found the existence 
of an injustice warranting the following corrective action: 

RECOMMENDATION: 

That Petitioner’s naval record is corrected to show that he was issued a general discharge on 
as opposed to the OTH discharge actually issued on that day. 

That Petitioner is issued a new Certificate of Release or Discharge from Active Duty (DD Form 
214). 

That a copy of this Report of Proceedings be filed in Petitioner’s Naval record. 

That, upon request, the Department of Veterans Affairs be informed that Petitioner's application 
was received by the Board on    .

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. 

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.