DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
ELP
Docket No. 3363-01
12 October 2001
From:
To:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
Subj:
REVIEW OF NAVAL RECORD OF
Ref:
Encl:
(a)
(1)
(2)
(3)
10 U.S.C.1552
DD Form 149 w/attachments
Case Summary
Subject's Naval Record
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Navy, applied to this Board
requesting, in effect, that his naval record be corrected to
show a more favorable discharge than the general discharge
issued on 21 December 1967.
The Board, consisting of Messrs. Ensley, Lippolis, and Shy
2.
reviewed Petitioner's allegations of error and injustice on
11 October 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.
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 enlisted in the Navy on 1 July 1966 for a
The record reflects that he was
minority enlistment at age 17.
advanced to SN (E-3) and served without incident until December
1967, when the Psychiatric Service at Naval Hospital, San Diego,
recommended to the commanding officer that Petitioner be
separated.
A general discharge was recommended because
Petitioner failed to make a proportional effort with regard to
his rate and capabilities due to his poorly controlled
hostility, implusive and immature judgment, and failure to
adjust to the military.
d.
On 21 December 1967 Petitioner received a general
discharge by reason of unsuitability due to a character and
behavior disorder.
Neither the character and behavior disorder
diagnosis nor the discharge processing documentation are on file
in the record.
e.
Regulations, then in effect, authorized the discharge
Individuals separated by reason of
for unsuitability by reason of a character
Character of service is based, in part, on
of enlisted personnel
and behavior disorder.
unsuitability received the type of discharge warranted by the
service record.
military behavior and overall traits averages which are computed
from marks assigned during periodic evaluations.
Petitioner's
final military behavior and overall traits averages were both
3.6.
in overall traits averages were required at the time of
Petitioner's discharge for a fully honorable characterization of
service.
Minimum average marks of 3.0 in military behavior and 2.7
CONCLUSION:
In this regard, the Board notes Petitioner was advanced
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
to SN and had no disciplinary actions in nearly 18 months of
active service.
processing documentation is not on file in the record.
standards in effect at the time,
unsuitability received the type of discharge warranted by the
service record.
appropriate and just to recharacterize Petitioner's general
discharge to fully honorable.
Accordingly, the Board concludes that it would
The Board also notes that the discharge
individuals separated for
Under
RECOMMENDATION:
2
a.
That Petitioner's naval record be corrected to show
December 1967
that he was issued an honorable discharge on 21
vice the general discharge actually issued on that date.
b.
That a copy of the Report of Proceedings be filed in
Petitioner's naval record.
C .
That, upon request,
the Department of Veterans Affairs
be informed that Petitioner's application was received by the
Board on 27 April 2001.
It is certified that a quorum was present at the Board's
4.
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.
Recorder
ZSALMAN
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
under the authority of reference (a), has been
Board on behalf of the Secretary of the Navy.
action, taken
approved by the
Executive
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