DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 203704100
CRS
Docket No:
19 April 1999
5841-98
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
AL RECORD
OE
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, an
enlisted member of the United States Naval Reserve, filed
enclosure (1) with this Board requesting, in effect, that his
naval record be corrected to show a more favorable type of
separation than the under honorable conditions separation issued
on 1 June 1997.
2. The Board, consisting of Ms. Taylor, Mr.
Carlson, reviewed Petitioner's allegations of error and injustice
on 14 April 1999 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations and policies.
Documentary material considered by
McCulloch, and Mr.
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. Enclosure (1) was filed in a timely manner.
C . Petitioner enlisted in the Naval Reserve on 31 March 1994
He reported to active duty for three years on 1 June
At the time of enlistment he had completed 12 years of
at age 20.
1994.
formal education.
d. Petitioner received only one set of marks during his period
of service.
1995 he received a mark of 3.8 in all categories except directing
which was marked
For the period 21 August 1994 through 31 January
observedV1.
"not
e. On 6 July 1996 Petitioner received nonjudicial punishment
for absence from his appointed place of duty and dereliction of
duty on two occasions.
f. On 1 June 1997 he was transferred under honorable
conditions to the Naval Reserve.
g* In a case such as Petitioner's, character of service must
be based on conduct and overall trait averages, both of which are
computed from marks assigned during periodic evaluations.
Petitioner's conduct and overall trait averages were both 3.8.
The minimum average marks required for a fully honorable
characterization of service at the time of Petitioner's
separation were 3.0 in conduct and 2.8 in overall traits.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
In this regard, the Board concludes that his under
action.
honorable conditions separation should be recharacterized to
honorable based on his conduct and overall trait averages.
In view of the foregoing,
injustice warranting the following corrective action.
the Board finds the existence of an
RECOMMENDATION:
a. That Petitioner's naval record be corrected to show that he
was issued an honorable separation by reason of expiration of
active obligated service on 1 June 1997 vice the under honorable
conditions separation actually issued on that date.
b. That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
C . That, upon request, the Veterans Administration be informed
that Petitioner's application was received by the Board on 5
August 1998.
4. It is certified that a quorum was present at the Board's
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. GOLDSMIT
Acting Recorder
/
2
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
-W. DEAN F
Y
Executive
DiM&
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