DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100
TJR
Docket No: 28-01
22 June 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
(a) 10 U.S.C. 1552
Encl:
(1) DD Form 149 with attachments
(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, filed enclosure
(1) with this Board requesting, in effect, that the
characterization of his discharge be changed.
The Board, consisting of Mr.
Leeman, Ms. McCormick, and Ms.
2.
Wiley, reviewed Petitioner's allegations of error and injustice
on 12 June 2001 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
The Board, having reviewed all the facts of record pertaining
3.
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 30 October
age of 21.
At that time, he had completed 12 years of formal
education and attained test scores which placed him in Mental
Group III
1974.at the
d.
During Petitioner's enlistment,
any disciplinary actions.
he was not the subject of
On
17 June 1975, after undergoing a psychiatric
e.
evaluation, Petitioner was diagnosed with a character and
behavior disorder and an immature personality.
evaluation, Petitioner reported that prior to his enlistment in
the Navy, he had taken several enlistment examinations for entry
into the Armed Forces and that since his enlistment he had
problems with other Sailors.
follows:
The report noted, in part, as
During this
.
.
also reports taking the Air Force
. states that he took the exam for the regular Army x4 but
.
failed to pass....
qualification exam x2 and the Navy x2....
accepted him.... states that people make fun of him on board
ship and that he is called a retard and this angers him....
states that he did not feel he could adjust to shipboard
life.... reports difficulty getting to sleep and occasional
nocturnal awakenings.... reports fleeting and weak suicidal
ideations.
Navy finally
He appears to be of low average to borderline intelligence.
This (Patient) does not appear to have the necessary
educational, cultural, personal,
adjust to the stresses of Naval Service.
or emotional (illegible) to
f.
On 25 July 1975 Petitioner was issued a general discharge
under honorable conditions by reason of unsuitability due to a
character and behavior disorder.
Petitioner's conduct and overall traits averages of 2.8 was below
the average marks of 3.0 and 2.7 which were required for a fully
honorable characterization of service.
noted that these averages were computed from a single set of
marks assigned on the date of his discharge.
At the time of his discharge
However, it should be
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 the
The Board's finding is based on Petitioner's apparent inability
to succeed in the Navy and the fact that he received no
disciplinary actions.
comments of the psychologist to the effect that despite his test
scores to the contrary, Petitioner's mental capacity was very
limited, and arguably should not have been enlisted.
Additionally,, he had no disciplinary problems during his'period
of service.
were substandard, they were based on only one set of marks which
were assigned after discharge had been directed and he was
practically
Finally, although his conduct and overall traits
'out of the door.'
2
Based on the foregoing the Board concludes that no useful purpose
is served by continuing to characterize Petitioner's service as
having been under honorable conditions, and recharacterization to
Accordingly, the
a fully honorable discharge is appropriate.
Board concludes that relief in the form of recharacterization of
Petitioner's discharge is appropriate.
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 honorably discharged on 25 July 1975 vice the general
discharge under honorable conditions on the same day.
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 any material directed to be removed from Petitioner's
naval record be returned to the Board,
this Report of Proceedings,
maintained for such purpose,
part of Petitioner's naval record.
together with a copy of
for retention in a confidential file
with no cross reference being made a
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
&
& 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 Regulation, 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.
3
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