Y
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAW ANNEX
WASHINGTON DC 203704100
TJR
Docket No: 1923-00
28 August 2000
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)
(2)
(3)
DD Form 149 with attachments
Case summary
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 Ms. Hare, Ms. Madison, and Mr.
2.
Pfeiffer, reviewed Petitioner's allegations of error and
injustice on 22 August 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
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
statue of limitations and review the application on its merits.
C .
Petitioner enlisted in the Marine Corps on 1 July 1981 at
age of 19 and served for nearly two years without incident.
However, during the period from 2 June 1983 to 18 January 1984 he
received nonjudicial punishment (NJP) on three occasions for
three periods of absence from his appointed place of duty and two
periods of unauthorized absence (UA)
totalling seven days.
d.
Petitioner was subsequently processed for an other than
honorable discharge by reason of misconduct, although the
discharge processing documentation is not in the record.
On 24
February 1984 Petitioner was discharged and issued a Certificate
a
of Release or Discharge from Active Duty (DD Form 214) with
"general under other than honorable" characterization of service.
e.
On 11 December
I984 a correction to Petitioner's DD Form
214, DD Form 215, was issued correcting his character of service
to other than honorable.
f.
It appears that Petitioner did not receive the DD Form 215
because in his application for correction of his record, he
requests that the Board upgrade his general discharge to fully
honorable.
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 youth and
immaturity, and the nature of his misconduct.
In this regard,
the Board does not condone Petitioner's misconduct, but notes his
infractions consisted primarily of very minor periods of UA.
The Board additionally notes
Petitioner;& youth and immaturity,
and that he served for two years with no misconduct.
Based on
the foregoing, and considering the fact Petitioner has suffered
the consequences of an other than honorable discharge for nearly
15 years, the Board concludes that no useful purpose is served by
continuing to characterize Petitioner's service as having been
under other than honorable conditions, and recharacterization to
a general 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 issued a general discharge under honorable conditions on
24 February 1984 vice the other than honorable discharge actually
issued on that date.
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 13 March 2000.
4. It is certified that a quorum was present at the Board's
review and deliberations,
complete record of the Board's proceedings in the above entitled
matter.
and that the foregoing is a true and
ROBERT D.
Recorder
ZSALMAN
dg
G&SMIT --
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 Na
Executive D
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