Docket No. 4195-21
 
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) SECDEF memo of 25 Jul 2018 “Guidance to Military Discharge Review Boards and  
         Boards for Correction of Military/Naval Records Regarding Equity, Injustice, or          
         Clemency Determinations,” of 25 July 2018 
 
Encl: (1) DD Form 149 
   
1.  Pursuant to the provisions of reference (a), Subject’s spouse, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that her late husband’s naval record be corrected by upgrading his characterization of service and authorizing him the Purple Heart Medal.  
 
2.  The Board, consisting of  and  reviewed Petitioner’s allegations of error and injustice on 23 July 2021, 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 the subject former member’s naval records, applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice, or clemency determinations (Wilkie Memo). 
 
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, the 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 review the application on its merits.   
 
      c.  Subject named Marine (SNM) enlisted in the Marine Corps on 28 September 1967.   
 
      d. On 12 April 1968, SNM received nonjudicial punishment (NJP) for unauthorized absence (UA) totalling for four (4) days.  On 4 May 1968, SNM arrived at On 13 July 1968, SNM received NJP for UA totaling seventeen (17) days.  On 27 March 1969, SNM was convicted at Special Court-Martial (SPCM) for UA totaling thirty-eight (38) days. 

     e. On 9 April 1969, SNM was injured when a friendly grenade was accidently detonated in a trash fire.  The injury was determined to be non-hostile.  SNM was subsequently medically evacuated and transferred stateside to Naval Hospital,.   

    f. On 7 August  1969, SNM began a period of unauthorized absence that was terminated with his apprehension by civilian authorities on 13 July 1971.  SNM was returned to military control and confined at Naval Training Center, Great Lakes, Illinois Correction Center on 6 August 1971.  On 9 November 1971, SNM submitted a good of the service discharge  to escape trial by court-martial based upon his lengthy period of UA.  The request was denied and SNM was processed for court-martial.  g. On 8 December 1971, SNM was convicted at SPCM of UA totaling over 700 days.  He was sentenced to confinement with hard labor for one hundred (100) days, forfeiture of $140.00 pay per month for three (3) months, a reduction to E-1, and a Bad Conduct Discharge.  The discharge was approved at all levels and on 27 April 1972, SNM was discharged with a bad conduct characterization of service.   

    h. Presidential Proclamation No. 4313, of 16 September 1974, was released announcing a program for the return of Vietnam era draft evaders and military deserters.  On 18 November 1976, SNM was issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215) as well as a clemency discharge certificate in recognition of his satisfactory completion of alternate service pursuant to the proclamation requirements.  

    i. On 8 December 1976, the Naval Discharge Review Boards (NDRB) denied SNM’s request for an upgrade to his characterization of servive.  SNM contended that he did not remember anything from the time he was wounded until his return to the United States.  He added he went home on leave only to face many family hardships to include his parents’ separation and his mother being jailed for failure to appear in court.  SNM admitted he decided to stay home and told everyone he had been discharged. 

    j. On 20 March 1985, the the Marine Corps’ Decorations and Medals Branch conducted a full verification of all SNM’s awards and determined he was ineligible for the Purple Heart Medal based upon the manner in which his wounds were received.  On 29 March 1985, a DD Form 215 was issued indicating SNM’s entitled awards. 

CONCLUSION 

Upon review and consideration of all the evidence of record, and in light of reference (b), the Board found that partial relief is warranted. 

The Board does not condone SNM’s misconduct, however, based on his completion of alternate service pursuiant to Presidential Proclamation No. 4313 and the the Wilke Memo, an upgrade to SNM’s characterization of service and narrative reason for discharged based on clemency are warranted.   
 
In regards to the the Purple Heart Medal, the Board determined that relief is not warrant as SNM did not meet the eligibity requirements for this award.  
 
In view of the above, the Board directs the following corrective action: 
 
RECOMMENDATION 
 
Petitioner be issued a new DD Form 214 reflecting that SNM’s character of service was “under honorable conditions,” reason and authority was “Convienance of the Government – Separation for other good and sufficient reasons when published by the Secretary of the Navy,” and separation authority was “Paragrapgh 6012.1f , Marine Corps Separation and Retirement Manual.” 
  
That the Military Awards Branch (MMMA) verifiy all awards Petitioner’s husband is entitled.   
 
No further changes be made to Petitioner’s husband’s record. 
 
A copy of this report of proceedings be filed in Petitioner’s husband’s naval record. 
 
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 reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 

7/28/2021
Executive Director