DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
TJR
Docket No: 1502-01
24 August 2001
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj:
Ref:
Encl:
OF RECORD
10 U.S.C. 1552
(a)
(1) DD Form 149 with 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 Marine Corps, filed
enclosure (1) with this Board requesting, in effect, that the
characterization of his discharge be changed.
The Board, consisting of Messrs. Neuschafer, Pfeiffer, and
2.
Zsalman, reviewed Petitioner's allegations of error and injustice
on 22 August 2001 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.
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.
Petitioner enlisted in the Marine Corps on 29 December
196z*at age 19.
66, which placed him in mental group IV.
His general classification test (GCT) score was
1
d.
Petitioner served on active duty for a period of one
During this period Petitioner was not the
month and 20 days.
subject of any disciplinary actions.
e.
On 3 February 1970, after undergoing a medical
examination, Petitioner was recommended for an administrative
separation by reason of unsuitability due to enuresis and
defective attitude.
On 11 February 1970 an aptitude board
recommended a general discharge by reason of unsuitability.
f.
On 18 February 1970, prior to the completion of recruit
training, and in pursuant to the recommendation of an aptitude
board, Petitioner was discharge by reason of unsuitability. In
accordance with directives which were then in effect, Petitioner
was issued a general discharge.
g-
On 29 December 1976 the Secretary of Defense announced a
change in policy and authorized honorable discharges for service
members administratively separated during recruit training
because of marginal performance or minor disciplinary
infractions.
CONCLUSION:
Upon review and consideration of all'the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board's finding is based on Petitioner's overall record of
military service and particularly the remedial changes in policy
which became effective after his discharge.
Board concludes that relief in the form of recharacterization is
appropriate.
Accordingly, the
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
Petitioner was honorably discharged on 18 February 1970 vice
issued a general discharge on the same day.
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 27 February 2001.
2
It is certified that a quorum was present at the Board's
4.
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
Acting Recorder
Pursuant to the delegation of authority set out in Section
5.
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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
Wb.$.tL
rm
w, DEAN
Exelutjve Director
PFEIFFGR
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