l3EPARTMEN.T OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
ELP
Docket No. 251-99
1 June 1999
From:
To:
Chairman, Board for Correction of
Secretary of the Navy
Naval Records
Subj:
REVIEW OF
OF'
Ref:
(a) 10 U.S.C.1552
Encl:
(1) DD Form 149
(2) Case Summary
(3) Subject's naval record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the United States Navy, applied to
this Board requesting, in effect,
that his naval record be
corrected to show a more favorable type of discharge than the
general discharge issued on 5 July 1960.
2.
The Board, consisting of Mr. Pfeiffer, Mr. Ivins, and Ms.
Wiley reviewed Petitioner's allegations of error and injustice
on 26 May 1999,
and pursuant to its regulations, determined
that the corrective action indicated below should be taken on
the available evidence of record.
considered by the Board consisted of the enclosures, naval
records, and applicable statutes,
regulations and policies.
Documentary material
The Board, having reviewed all the facts of record
3.
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 Petitioner's application to
the Board 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.
z
C .
Petitioner enlisted in the Naval Reserve on 2 October
1958 for six years at age 18.
29 October 1959 for a period of two years.
He was ordered to active duty on
d.
Petitioner's record reflects that he was advanced to
AA (E-2) and served without incident for more than 15 months.
However, during the three month period from February to May 1960
he received a nonjudicial punishment (NJP) and was convicted by
a summary court-martial.
period of unauthorized absence (UA) and failure to obey a lawful
general regulation by wearing civilian clothes on base as a non-
rated man.
denied his request for a hardship discharge.
During this period, the Chief of Naval Personnel
His offenses consisted of a 12 day
e.
On 12 June 1960, Petitioner missed movement of his ship
He surrendered to naval authorities at a
and was reported UA.
naval hospital on 15 June 1960 and was admitted after a
neuropsychiatric consultation with a diagnosis of emotional
instablility reaction because of much emotional immaturity,
fears of going on board ship, claustrophobia, and somnambulism.
Physical, neurological, and laboratory examinations were all
within normal limits.
of admission he was advanced to AN (E-3).
Petitioner's record reflects on the date
f.
Petitioner received his second NJP on 21 June 1960 and
was reduced in rate to AA (E-2) for the foregoing two day period
of UA and missing movement.
g.
On
22 June 1960, a board of medical survey found him
unsuitable for further service by reason of "emotional
instability reaction" and recommended that he be discharged from
the Navy.
requested to be discharged.
were approved and he received a general discharge by reason of
unsuitability on 5 July 1960.
He was advised of the findings of the board and
The recommendations of the board
h.
Individuals discharged by reason of unsuitability
receive the type of discharge warranted by the service record.
Character of service is based, in part,
overall traits averages which are computed from marks assigned
during periodic evaluations.
behavior and overall traits averages were 3.0 and 2.85,
respectively.
honorable characterization of the time of discharge were 3.0 in
military behavior and 2.7 in overall traits.
The minimum average marks required for a fully
Petitioner's final military
on military behavior and
_
2
CONCLUSION:
In this regard, the Board notes Petitioner was only 18
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
years old with an eighth grade education when he enlisted and
his misconduct was relatively minor.
unsuitable for further service because of medical reasons rather
than misconduct, the Board believes he should have received a
fully honorable discharge as warranted by his service record.
Accordingly, the Board concludes that it would be appropriate
and just to recharacterize Petitioner's service to fully
honorable.
Since he was found
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
that he was issued an honorable discharge by reason of
unsuitability on 5 July 1960 vice the discharge under honorable
This should include
conditions actually issued on that date.
the issuance of a new DD Form 214.
b.
That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
C .
That, upon request, the Department of Veterans Affairs
,be informed that Petitioner's application was received by the
Board on 12 January 1999.
It is certified that a quorum was present at the Board's
4.
and that the foregoing is a true and
review and deliberations,
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
6(e) of the revised Procedures of the Board for
out in Section
Correction of
3
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),
Board on behalf of the Secretary of the Navy.
has been approved by the
Executive Di
4
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