DEPARTMENT OF THE NAVY

BOARD FOR CORRECTION OF NAVAL RECORDS

2 NAVY ANNEX

WASHINGTON DC 20370-5100

ELP
Docket No. 2427-01
20 August 2001

From:
To:

Subj:

Ref:

Encl:

Chairman, Board for Correction of Naval Records
Secretary of the Navy

RECORD OF

(a) 10 U.S.C.1552
(b) Navy-Marine Corps Awards Manual

(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record

1.

Pursuant to the provisions of reference (a), Petitioner,

enlisted member of the Navy,
in effect, that his naval record be corrected by removing an
entry of 14 August 1992 from the Enlistment Performance Record
(page 9) and showing that the eligibility date for the first
Good Conduct Medal began on 22 March 1985.

applied to this Board requesting,

an

The Board, consisting of Ms. Schnittman and Messrs.  
Novello  reviewed Petitioner's allegations of error and

2.
and 
injustice on 15 August 2001 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.

Mazza

Documentary material

The Board, having reviewed all the facts of record

3.
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 Petitioner's application to

the Board  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's record reflects he enlisted in the

Naval Reserve on 21 December 1982 for six years and served on
active duty from 14 March 1983 to 10 February 1984 and from
19 February 1986 to 17 February 1988.
on 18 February 1988 for six years as an AW2 (E-5).

He enlisted in the Navy

d.

Petitioner's record shows that he was awarded his first

Good Conduct Medal on 19 February 1990, after completing four
years of continuous active duty without any disciplinary
infractions.
16 May 1991.

He was awarded the Naval Achievement Medal on

e.

Petitioner's page 9 shows he received nonjudicial

However, no such NJP is
punishment (NJP) on 14 August 1992.
reflected on neither an Administrative Remarks (Page 13) entry
nor a court memorandum (page  
evaluation covering the period from 1 April 1992 to 31 March
1993.
In fact, this particular evaluation marks Petitioner a
straight 4.0 in all rating categories and makes very favorable
comments.
An NJP must be recorded on a page 7 or 13, and is
usually mentioned in the performance evaluation covering the
period in which it is imposed.

7), or on the enlisted performance

f.

The Navy Occupation/Training and Award History (page)

of Petitioner's record shows he was awarded his second Good
Conduct Medal on 19 February 1994.
changed to read  

However, this entry was

11960101.1'

g.

Petitioner has served continuously on active duty since

His performance evaluations have been straight

19 February 1986; his last reenlistment was on 5 January 1998
for four years.
4.0 from April 1991 to April 1995 when the evaluation marking
system was changed.
has been consistently marked as "meeting standards" to
"exceeding standards."
He was authorized to wear the Military
Outstanding Volunteer Service Medal on 30 January 1998 and was
advanced to 

From April 1995 through November 1998, he

Awl (E-6) on 16 December 1998.

h.

The eligibility requirement for the Good Conduct Medal

established in reference (b) is any four year period of
continuous active enlisted service in the Regular Navy or Naval
Reserve.
individual must have a clear record:
martial, no  

courts-
NJPs, no sick-misconduct, and no civil convictions.

Within the required period of active service, the

no convictions by  

2

If the record contains an NJP,
day following the date of the disciplinary action.

a new four year period begins the

i.

Petitioner states  

the- eligibility date for his first
Good Conduct Medal does not account for his active duty period
from 14 March 1983 to 10 February 1984.
He further states that
an NJP hearing was held on 14 August 1992, but no punishment was
He notes that this contention is supported by the fact
awarded.
that neither a page 13 nor a special evaluation was issued to
document the NJP.

CONCLUSION:

Further, if NJP was in fact imposed it should

Upon review and consideration of all the evidence of record,
Board concludes that Petitioner's request warrants favorable
The Board notes that other than the page 9 entry of
action.
14 August 1992, there is no documentation of an NJP on that date
in his record.
have been documented on a page 7 or 13, and most likely would
have been mentioned in the next performance evaluation.
no such entries were made, and the
mention an NJP, the Board believes
erroneous.
Accordingly, the Board
appropriate and just to remove the
Petitioner's record.

ensuing evaluation did not
the page 9 entry is
concludes that it would
page 9 entry from

Since

the

With the removal of the page 9 entry, an earlier eligibility
date may be established for subsequent awards   of the Good
Conduct Medal.
service from 14 March 1983 to 10 February 1984 was followed by a
period of inactive service,
used to establish an earlier eligibility date for his first Good
Conduct Medal.

However, since Petitioner's period of active

this period of service cannot be

RECOMMENDATION:

a.

That Petitioner's naval record be corrected by removing

the 14 August 1992 page 9 entry from the record.

b.

That Petitioner's page 4 be corrected to show that

the second Good Conduct Medal was awarded on 19 February 1990,
and the date of award of subsequent medals be amended as
appropriate.

C .

That no further  relief be granted.

3

d.

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.

e.

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.

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 6

5.
(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),
Board on behalf of the Secretary of

has been approved by the

the Navy.

Executive Di