Docket No: 2983-19  
Date:  Ref Signature  
From:  Chairman, Board for Correction of Naval Records  
To:   Secretary of the Navy  


Ref:  (a) 10 U.S.C. § 1552 

Encl: (1) DD Form 149 w/attachments 

1. Pursuant to the reference, Petitioner, a former enlisted member of the Marine Corps, filed the enclosure with the Board for Correction of Naval Records (Board), requesting an upgrade to his service characterization as reflected on his Report of Separation from Active Duty (DD Form 214) for his period of active-duty service from 2 October 1969 to 6 January 1971. 

2.  The Board, consisting of , reviewed Petitioner’s allegations of error and injustice on 21 May 2020 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 enclosure, relevant portions of Petitioner’s naval service 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 regulation within the Department of the Navy. 

b.  Although the enclosure was not filed in a timely manner, it is in the interest of justice to review the application on its merits. 

c.  Petitioner enlisted in the Marine Corps and began a period of active duty on 2 October 1969.  On 22 January 1970, Petitioner went on a period of unauthorized absence (UA) until his apprehension by civil authorities on 8 October 1970.  On 15 October 1970, Petitioner escaped from custody until his apprehension by civil authorities on 26 October 1970.  On 6 November 1970, Petitioner was returned to military authorities.  On 20 November 1970, Petitioner submitted a request to his Commanding Officer for a good of the service (GOS) discharge.  In the request Petitioner notes his need to return home following a fatal car accident which involved his mother, stepfather, wife, and child.  Additionally, Petitioner notes the accident killed Petitioner’s stepfather and left his mother severely injured.  On 23 November 1970, Petitioner submitted a request to the commanding general for a GOS discharge.  On 14 December 1970, Petitioner’s request forGOS discharge was approved.  On 22 December 1970, the discharge authority approved and directed Petitioner’s discharge.  On 6 January 1971, Petitioner was discharged with an other than honorable (OTH) characterization of service. 

d.  Petitioner states his mother, stepfather, wife and child were hit by a drunk driver, which resulted in the death of his stepfather, and severe injury to his child, and his mother. Petitioner states he regrets what happened but contends the circumstances were beyond his control. 

CONCLUSION 

The Board noted the Petitioner’s service record corresponds with Petitioner’s contentions listed in the enclosure. Further, the Board noted one incident of misconduct directly related to the aforementioned fatal car accident.  The Board considered the Petitioner’s service and the unique mitigating circumstances of his discharge.  In view of the foregoing, the Board determined that Petitioner’s discharge was too severe.  As a matter of justice, the Board found that Petitioner is entitled to an upgrade of his discharge characterization to “general (under honorable conditions).” 

RECOMMENDATION: 

In view of the above, the Board directs the following corrective action: 

That Petitioner’s be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating his characterization of service as “general.” 

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 12 March 2019. 

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 Regulations, 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 the reference, has been approved by the Board on behalf of the Secretary of the Navy.