From: Chairman, Board for Correction of Naval Records
To :
Secretary of the Navy
TRG
Docket No: 6102-98
24 August 1999
D E P A R T M E N T O F T H E N A V Y
BOARD FOR CORRECTION OF NAVAL RECORDS
WASHINGTON DC 20370-5100
2 NAVY ANNEX
Subj: REVIEW OF NAVAL RECORD OF - Ref:
(a) Title 1 0 U.S.C. 1552
Encl: ( 1 ) DD Form 149 w/attachments
( 2 ) Case Summary
(3) Subject's naval record
1 . Pursuant to the provisions of reference (a), Petitioner, an
enlisted member of the United States Naval Reserve filed
enclosure (1) with this Board requesting that his previous
general discharge and RE-4 reenlistment code be changed.
2 . The Board, consisting of Mr. Pfeiffer, Mr. Tew and Ms.
Moidel, reviewed Petitioner's allegations of error and injustice
on 17 August 199 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 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 2 0 July 1979 at age
1 8 . During the period 14 June 1980 to 2 5 April 1981 he received
nonjudicial punishment on three occasions for assault, a short
period of unauthorized absence and disobedience and disrespect.
d. On 7 December 1981 he was notified of separation
processing because he was a burden to his command due to
substandard performance or inability to adapt to military
service. On 1 5 December 1981 the discharge authority directed'
the type of discharge warranted by his service record. The
commanding officer stated, in part, as follows:
Innumerable hours were expended at the workcenter,
divisional and departmental levels in counseling him as
to his shortcomings and every possible means to assist
him in improving his overall performance and military
bearing was utilized. Despite all efforts to
encourage, assist and motivate (him) his professional
performance is well below average ... He appears to be
unable to grasp and abide by the fundamental standards
of military discipline. This lack of acceptance and
unresponsiveness to military authority renders him
unfit for continued service.
e. Petitioner was issued a general discharge on 12 January
1982. A general discharge was issued because his conduct mark
average was 1.0. A 3.0 average mark in conduct was required for
a fully honorable characterization of service. At the time of
discharge he acknowledged the assignment of an RE-4 reenlistment
code.
f. On 11 January 1991 Petitioner was permitted to enlist in
the National Guard. He served in the National Guard until he was
honorably discharged on 10 January 1997. He has submitted
evidence showing that his service was satisfactory. This
includes completion of a cook's course and a perfect attendance
ribbon.
g. Petitioner enlisted in the Naval Reserve on 21 January
1997 and has served in a satisfactory manner since then. He has
submitted evidence showing that he is a selectee for advancement
to MS3 (E-4). The commanding officer of the reserve unit has
endorsed his request for corrective action strongly recommending
approval and states that Petitioner I1is an excellent sailor under
my command, who executes his duties diligently."
h. Petitioner has also submitted evidence showing that he
has been a good citizen for many years. He has a family and is
employed as a security guard and attending a computer school.
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action. The Board notes that Petitioner was properly discharged
on 12 January 1982. However, given his six years of service in
the National Guard, his current service in the Naval Reserve and
the other
evidence showing he has been a good citizen, the Board
that no useful purpose is now served by the general
concludes
discharge
and it should now be recharacterized to honorable as
matter of
clemency.
Concerning the reenlistment code, the Board notes that he
received three nonjudicial punishments, and the reason for
discharge has not been changed and will continue to show that he
was a burden to the command. The Board also notes that the only
authorized reenlistment code for this reason for discharge is
RE-4, and he has been treated no differently than others
discharged for that reason. Therefore the Board concludes that
the RE-4 reenlistment code was properly assigned and should not
be changed.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that he
was issued an honorable discharge by reason of burden to command
on 12 January 1982 vice the general discharge now of record.
b. That his request for a change in the reenlistment code be
denied.
c. That this Report of Proceedings be filed in Petitioner'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.
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH
Acting 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 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.
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