DEPARTMENT OF THE NAVY
0~ N AVAL
I ON
BOARD FOR CORRECT
2 NAVY ANNEX
WASHINGTON DC 20370-5100
RECORDS
TJR
Docket No: 1530-01
24 August 2001
From: Chairman, Board for Correction of Naval Records;
To:
Secretary of the Navy
Subj:
OF RECORD
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 a change in the characterization
of service assigned upon his release from active duty.
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
Documentary material considered by
available evidence of record.
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.
C .
Petitioner enlisted in the Navy on 1 December 1982 at the
age of 19.
d.
On 15 March 1983 Petitioner received nonjudicial
punishment (NJP) for failure to obey a lawful order and was
awarded extra duty for seven days and a $321 forfeiture of pay.
e.
On 11 July 1983 Petitioner submitted a written request for
On 2 November 1983 the Commander, Naval Military
an humanitarian reassignment in order to provide care for his
family.
Personnel Command (NMPC) determined that Petitioner's situation
should be considered as a long term hardship.
disapproved his request for reassignment but directed
Petitioner's release from active duty by reason of hardship.
Accordingly, NMPC
f.
On 25 November 1983 Petitioner was released from active
duty and transferred to the Naval Reserve under honorable
at the time of his release from active duty,
conditions.
Petitioner's conduct average of 1.8 was below the average mark of
3.0 required for a fully honorable characterization of service.
g-
On 30 November 1987, upon completion of Petitioner's
obligated military service,
certificate.
he was issued an honorable discharge
h.
With his application, Petitioner has submitted letters
attesting to his good post service conduct.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board notes the minor nature of Petitioner's misconduct and
does not condone his infractions.
The Board also notes
Petitioner's insufficiently high conduct average of 1.8.
However, the Board's finding is based on Petitioner's documented
hardship, the relatively minor nature of his misconduct, and his
good post service conduct.
concludes that no useful purpose is served by continuing to
characterize Petitioner's service as having been under honorable
conditions, and recharacterization to fully honorable is
appropriate.
Based on the foregoing the Board
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show that
he was honorably released from active duty and transferred to the
Naval Reserve on 25 November 1983 vice the separation under
honorable conditions on the same day.
b.
That a copy of this Report of Proceedings be filed in
Petitioner's naval record.
2
C .
That, upon request, the Veterans Administration be
informed‘that Petitioner's application was received by the Board
on 27 February 2001.
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. 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
has been approved by the Board on
authority of reference (a),
behalf of the Secretary of the Navy.
3
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