DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORDS
2 NAVY ANNEX
WASHINGTON DC 20370-510
0
ELP
Docket No. 3464-01
24 September 2001
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
(a) 10 U.S.C.1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's Naval Record
1.
Pursuant to the provisions of reference (a), Petitioner, a
former enlisted member of the Navy,
requesting, in effect, that his naval record be corrected to
show a more favorable discharge than the general discharge
discharge issued on 5 October 1958.
applied to this Board
The Board, consisting of Messrs. Pfeiffer, Zsalman, and
2.
McPartlin reviewed Petitioner's allegations of error and
injustice on 19 September 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 the Navy at age 17 on 16 December
1955 for a minority enlistment.
advanced to AA (E-2) and, served without incident until August
1956, when he received nonjudicial punishment (NJP) for failure
to make duty section muster and two restriction musters.
Punishment imposed was two weeks of extra duty.
The record reflects that he was
d.
The medical record reflects that Petitioner was
admitted to a Naval hospital on 5 September 1956 and, on
20 September 1956, a board of medical survey diagnosed a
passive-aggressive reaction characterized by passive
obstructionism and chronic anxiety.
The survey board's report
noted that Petitioner had been previously hospitalized in April
1956 because of complaints of nervousness, crying and vomiting.
The mental examination at that time revealed a glib, overtly
hostile, immature young man with symptoms of extreme anxiety.
He had given a history of being reared by an abusive father who
deserted his family.
dispensary where it was felt that he was quite emotionally
disturbed and made repeated suicidal gestures.
concluded that because of his childish dependencies and fear of
distance from home,
He was
admitted again in August 1956 where further characteristics were
noted, such as job inefficiency, pouting, stubbornness and
procrastination.
soon decompensated and spent a good deal of time crying and
expressed morbid fears which did not appear to be malingering.
Most of the time he was vague,
It was the opinion of the medical board that continued service
was impossible for him and discharge was recommended due to
passive-aggressive reaction.
After the referral on 5 September 1956, he
In June 1956, Petitioner was seen at a
further treatment would be futile.
withdrawn and markedly hostile.
However, it was
e.
On 5 October 1956 Petitioner received a general
discharge by reason of convenience of the government.
f.
Regulations provided that individuals discharged for
convenience of the government receive the type of discharge
warranted by the service record.
in part, on 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 3.25 and 2.4, respectfully.
A minimum average mark of 2.7
was required in overall traits for a fully honorable
characterization of service at the time of his discharge.
Character of service is based,
2
CONCLUSION:
In this regard, the Board specifically notes
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
Petitioner's youth and immaturity, limited education, his
psychological problems,
received was for very minor offenses.
record that psychological problems impaired Petitioner's ability
to serve satisfactorily.
stigmatize his discharge as under honorable conditions is unjust
and serves no useful purpose.
Accordingly, the Board concludes
that it would appropriate and just to recharacterize the general
discharge to fully honorable.
The Board believes that to continue to
and the one disciplinary action he
It is clear from the
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
that he was honorably discharged on 5 October 1956 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 1 May 2001.
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.
&2---j
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH
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
3
(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 the Navy.
has been approved by the
4
NAVY | BCNR | CY2001 | 07172-01
A three-member panel of the Board for Correction of Naval Records, sitting in executive session, considered your application on 13 December 2001. Documentary material considered by the Board consisted of your application, together with naval record and applicable statutes, regulations and policies. That diagnosis was confirmed by a board of medical survey The Board found that you were inducted into the Marine Corps on 19 September 1950.
NAVY | BCNR | CY1999 | 05486-99
Reenlistme On 31 OCT 64, Review of medical record reveals initial normal physical exam The patient presented with complaints of anxiety on 4. on 15 MAR 62. His active duty behavior (related to what and The tremor, would now be diagnosed as a personality disorder). has been diagnosed as an initially felt to be related to anxiety, Therefore, I essential tremor and th recommend that former character of the discharge to request for change of the "medical" be denied.
NAVY | BCNR | CY1999 | 01854-99
1854-99 12 August 1999 From: To : Chairman, Board for Correction of Naval Records Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF Ref: (a) 10 U.S.C.1552 Encl: (1) DD Form 149 w/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 Navy/Marine Corps, applied to this Board requesting, in effect, that his naval record be corrected to show a more favorable type of discharge than the...
NAVY | BCNR | CY1999 | 00251-99
251-99 1 June 1999 From: To: Chairman, Board for Correction of Secretary of the Navy Naval Records Subj: REVIEW OF OF' Ref: (a) 10 U.S.C.1552 Encl: (1) DD Form 149 (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, applied to this Board requesting, in effect, that his naval record be corrected to show a more favorable type of discharge than the general discharge issued on 5 July 1960. He...
NAVY | BCNR | CY2002 | 07301-01
7301-01 16 May 2002 Chairman, Secretary of the Navy Board for Correction of Naval Records From: To: Subj: Ref: (a) 10 U.S.C.1552 Encl: (1) DD Form 149 w/attachments (2) Case Summary (3) Subject's Naval Record Pursuant to the provisions of reference (a), Petitioner, a 1. former enlisted member of the Marine Corps applied to this Board requesting, in effect, show a more favorable type of discharge than the general discharge issued on 4 March 1955. that his naval record be corrected to The...
NAVY | DRB | 2006_Navy | ND0600056
Applicant is not currently suicidal. Plan: (1) Applicant readily agrees to present to corpsman on ship if suicidal ideations recur. Regarding the presumption of regularity in government affairs, in the absence of the administrative separation package, the Board presumed that the Applicant was properly notified of the proposed separation, afforded the opportunity to elect or waive his applicable rights, and that the separation authority approved the basis for discharge and characterization...
NAVY | BCNR | CY2001 | 04916-01
A psychiatric evaluation in the record states that you were referred by the chaplain for depression, frequent crying, inability to adapt to military life, anger, anxiety, and problems with your family and girlfriend. facts alleged at the time including the alcohol abuse, breaking mirrors, and general unhappiness were fictional and designed to create a picture of distress. He appears have an understanding of the reality Clinical evidence However, pre- The Board noted that the diagnosed...
NAVY | DRB | 2006_Navy | ND0600300
PART I - APPLICANT’S ISSUES AND DOCUMENTATION Issues, as stated Applicant’s issues, as stated on the application and/or attached document/letter: “I was recently denied a change in my military record for my DD 214 in reference to my RE code. I can only go part time, due to work and family. The names, and votes of the members of the Board are recorded on the original of this document and may be obtained from the service records by writing to:Secretary of the Navy Council of Review Boards
NAVY | DRB | 2005_Navy | ND0501552
The Applicant requests the Discharge Characterization of Service received at the time of discharge be changed to honorable. Commanding Officer’s comments: “Airman Recruit K_(Applicant) received nonjudicial punishment on two separate occasions for assault upon other service member’s and insubordinate conduct toward a Second Class Petty Officer. The Applicant’s misconduct, warranting separation for misconduct due to a pattern of misconduct and the commission of a serious offense, is clearly...
NAVY | BCNR | CY2011 | 07273-11
Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed written application, enclosure (1), with this Board requesting, in effect, that his naval record be corrected by changing the characterization of his other than honorable (OTH) conditions discharge issued on 22 August 1978 to general. It was recommended that he be administratively separated with a type warranted by his service record characterization of service. However, due to his misconduct...