DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-5100 ELP
Docket No. 697-01
31 May 2001
From: Chairman, Board for Correction of Naval Records
To: Secretary of the Navy
Subj: REVIEW OF NAVAL RECORD OF
Ref: (a) 10 U.S.C. 1552
End: (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
enlistment member of the United States Navy, filed enclosure (a) with this
Board requesting, in effect, that the naval record be corrected to show a
more favorable discharge than the general discharge issued on 5 June 1973.
2. The Board, consisting of Messrs, Pauling, McCulloch, and Lippolis
reviewed Petitioner’s allegations of error and injustice on 23 May 2000
and, pursuant to its regulations, determined that the corrective action
indicated below should be taken on the available evidence of record.
Documentary material considered by the Board consisted of the enclosures,
naval records, and applicable statutes, regulations and policies.
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 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 6 October 1967 for two years
at age 18. He was advanced to SN (E-3) and served 18
months without incident. However, during the five month period from April
to September 1969 he received three nonjudicial punishments (NJP). His
offenses consisted of three brief periods of unauthorized absence totalling
about eight days.
d. On 10 October 1969 Petitioner was released from active duty
under honorable conditions and transferred to the Naval Reserve. He
received a general discharge upon fulfillment of his service obligation on
5 June 1973.
e. Regulations provide that individuals discharged by reason of
expiration of enlistment will receive the characterization warranted by the
service record. Character of service is based, in part, on military
behavior and overall trait averages which are computed from marks assigned
during periodic evaluations. Petitioner’s military behavior and overall
traits averages were 3.06 and 3.4, respectfully. The minimum average marks
required for a fully honorable characterization at the time of Petitioner’s
discharge were 3.0 in military behavior and 2.7 in overall traits.
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 and that his
misconduct was relatively very minor. More importantly his performance
marks warranted a fully honorable characterization. The Board thus
concluded that it would be appropriate and just to recharacterize the
general discharge to fully honorable.
RECOMMENDATION:
a. That Petitioner’s naval record be corrected to show that he was
honorably released from active duty on 10 October 1969 vice under honorable
conditions as shown on his DD Form
214; and was issued an honorable discharge certificate upon fulfillment of
his military obligation on 5 June 1973, vice the general discharge actually
issued on that date.
b. That, upon request, the Veterans Administration be informed
that Petitioner’s application was received by the Board on 29 January 2001.
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c. 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.
d. That any material directed to be removed from Petitioner’s
naval record be returned to the Board, together with a copy of this Report
of Proceedings, for retention in a confidential file maintained for such
purpose, with no cross references being made a part of Petitioner’s naval
record.
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 Alan E. GOLDSMITH
Recorder 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 Navy.
W. DEAN PFEIFFER
Executive Director
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