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
2 NAVY ANNEX
WASHINGTON DC 20370-5100
ELP
Docket No. 1854-99
12 August 1999
From:
To :
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
Ref:
(a) 10 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, a
former enlisted member of the United States Navy/Marine Corps,
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 27 March 1953.
2. The Board, consisting of Ms. Humberd, Mr. Caron, and Mr.
Ivins, reviewed Petitioner's allegations f error and injustice
on 4 August 1999, and pursuant to its reg lations, determined
that the corrective action indicated belo should be taken on
the available evidence of record. Docume tary material
considered by the Board consisted of the nclosures, naval
records, and applicable statutes, regulations and policies.
i
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 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.
c. Petitioner enlisted in the Marine Corps on 19 June 1952
for four years. His record reflects that he was advanced to PFC
(E-2) and served without incident until 10 November 1952 when he
was convicted by a summary court-martial of absence from his
appointed place of duty. He was sentenced to 30 days of
restriction and a reprimand.
d. On 1 December 1952, Petitioner was admitted to a Naval
hospital with the diagnosis undetermined (observation
psychiatric). On admission, the physical, neurological, routine
laboratory work, chest and gastrointestina X-rays were negative
for organic disease. It was noted that he had been a repeated
visitor to sick bay with multiple abdomina and chest symptoms
obviously of a psychosomatic nature and a 1 ypochondriacal
fixation on bodily functions. Psychiatrically, he was immature,
dull, markedly dependent, and was certain that "food was jamming
up" in his stomach. Petitioner was described as coming from a
poor, harsh and deprived family background. After an adequate
period of observation a diagnosis of passive dependency reaction
was established.
e. On 26 February 1953, Petitioner received a nonjudicial
punishment (NJP) for an absence over leave of about 13 hours and
disobedience. Punishment awarded was six days of restriction.
f. On 10 March 1953, a board of medical survey found
Petitioner unfit for duty by reason of pas,sive dependency
reaction and recommended that he be discharged from the Marine
Corps. He was informed of the findings of the board and
declined to submit a statement in rebuttal. Petitioner received
a general discharge on 27 March 1953 by reason of convenience of
the government.
g. Individuals discharged by reason of convenience of the
government receive the type of discharge warranted by their
service record. Character of service is base, in part, on
conduct and proficiency averages. Petitio er's conduct and
proficiency averages were 3.3 and 5.0, res ectively. A minimum
average mark of 4.0 was required in conduc k for a fully
honorable characterization at the time of his discharge.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action. In this regard, the Board notes Petitioner's youth and
immaturity, deprived family background, limited education, low
test scores, and diagnosed personality disorder. The Board
further notes that his two disciplinary actions were for very
minor offenses. The Board believes that the foregoing factors
somewhat impaired Petitioner's ability to serve as Marine and
that it would appropriate and just to recharacterize his service
as fully honorable as an exception to policv.
RECOMMENDATION :
a. That Petitioner's naval record b corrected to show
that he was issued an honorable discharge by reason of
convenience of the government on 27 March 1953 vice the general
discharge actually issued on that date. This should include 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 Departmenr. of Veterans Affairs
be informed that Petitioner's application lJas received by the
Board on 16 March 1999.
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 Naxy.
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