DEPARTMENT OF THE NAV
Y
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC
20370-5100
ELP
Docket No. 7775-99
10 March 1999
From:
To:
Subj:
Chairman,
Secretary
Board for Correction of Naval Records
of the Navy
REVIEW OF
_
NAVAL RECORD 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 March 1976.
The Board, consisting of Ms. Nofziger, Ms. Gilbert,
2.
Taylor reviewed Petitioner's allegations of error and injustice
on 8 March 2000, 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
and,Mr.
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.
C .
Petitioner enlisted in the Naval Reserve on
13 January 1975 for six years.
duty on 12 February 1975 for a period of 28 months in return
for a class
He was ordered to active
"A" school guarantee.
d.
Petitioner was advanced to RMSN (E-3) and served
without incident until 20 January 1976 when he was referred for
a psychiatric evaluation due to difficulty in adjusting to the
He was diagnosed
service environment and military authority.
with an immature personality disorder, a condition existing
prior to service.
unsuitability was recommended.
Administrative separation by reason of
e.
On 23 February 1976, Petitioner was notified that he
Thereafter, the commanding officer (CO)
was being considered for discharge by reason of unsuitability
due to a diagnosed character and behavior disorder.
He was
advised of his procedural rights and submitted a statement in
his own behalf.
recommended discharge under honorable conditions, stating that
since reporting on board,
accept living conditions nor close proximity of his shipmates
inherent on ships."
unstable in his emotions, actions, and attitude; could not or
would not accept proper military authority and had many minor
confrontations with his superiors;
different ideas, theology,
own.
and was unable to cope with
or opinions which did not match his
The CO went on to state that he was
"had not been able to
Petitioner
f.
The Chief of Naval Personnel (CNP) approved the
recommendation and directed Petitioner be separated by reason of
unsuitability with the type of discharge warranted by the
service record.
conditions on 5 March 1976.
Petitioner was discharged under honorable
g.
Character of service is based, in part, on military
behavior and overall traits averages which are computed from
marks assigned during periodic evaluations.
behavior and overall traits averages were 3.3 and 3.34,
respectively.
honorable characterization at the time of his discharge were 3.0
in military behavior and 2.7 in overall traits.
Accordingly,
the type of discharge warranted by Petitioner's service record
was an honorable discharge.
The minimum average marks required for a fully
Petitioner's
2
CONCLUSION:
In this regard, the Board first notes that CNP directed
Since his behavior and overall traits were sufficiently
that was the characterization
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
discharge with characterization as warranted by the service
record.
high for an honorable discharge,
Accordingly, issuing him a general
he should have received.
Such a characterization also appears
discharge was erroneous.
unjust since he had no disciplinary actions during his 14 months
of service.
appropriate and just to recharacterize his service to fully
honorable.
The Board thus concludes that it would be
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
that he was issued an honorable discharge on 5 March 1976 by
reason of unsuitability vice general discharge as now shown on
DD Form 214.
214.
This should include the issuance of a new DD Form
b.
That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in
the future.
c.
That upon request, the Department of
be informed that Petitioner's application was
Board on 9 December 1999.
Veterans Affairs
received by the
It is certified that a quorum was present
4.
revieydand deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
at the Board's
ROBERT D. ZSALMAN
Recorder
Acting Recorder
3
Pursuant to the delegation of authority set out in Section 6
5.
(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),
Board on behalf of the Secretary of the Navy.
has been approved by the
W. DEAN P
Executive Di
,
4
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