DEPARTMENT OF THE NAVY
CORRECTION OF NAVAL RECORD
BOARD FOR
S
2 NAVY ANNE
X
WASHINGTON DC 20370-5100
TRG
Docket No:
7 December 2001
3983-01
Chairman, Board for Correction of Naval Records
Secretary of the Navy
RECORD OF
(a) Title 10 U.S.C. 1552
(1) DD Form 149 w/attachments
(2) Case Summary
(3) Subject's naval record
From :
To:
Subj:
Ref:
Encl:
Pursuant to the provisions of reference (a), Petitioner, a
1.
former enlisted member of the Marine Corps Reserve filed
enclosure (1) with this Board requesting that his record be
corrected to show a better discharge than the discharge under
other than honorable conditions issued on 10 April 1985. He
further requests that he be promoted to LCPL (E-3).
The Board, consisting of Mr. Pfeiffer, Mr. Dunn and Mr.
2.
Milner, reviewed Petitioner's allegations of error and injustice
on 4 December 2001 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record.
the Board consisted of the enclosures, naval records, and
applicable statutes,
Documentary material considered by
regulations and policies.
.
The Board,
3.
to Petitioner's
follows:
having reviewed all the facts of record pertaining
allegations of error and injustice, finds as
a.
Before applying to this Board, Petitioner exhausted all
administrative remedies available under existing law and
regulations within the Department of the Navy.
b.
filed in a timely manner,
Although it appears that Petitioner's application was
not
waive the statute of limitations and review the application on
its merits.
it is in the interest of justice to
C .
Petitioner enlisted in the Marine Corps Reserve on 11
April 1979 at age 17.
He then served in an satisfactory manner
and fulfilled his drilling and training duty obligation through
the anniversary year ending on 10 April 1981.
anniversary year,
annual training.
missed 10 additional drills and was processed for an
administrative discharge.
he only attended 26 drills and did not perform
During the period April through June 1982 he
In the next
d.
An administrative discharge board (ADB) met on 6 October
Petitioner testified that he could not drill on weekends
The ADB
1982.
because of a conflict with his civilian job, but that he could
only drill on an alternate schedule during the week.
found that he had missed 18 drills prior to April 1982 and 10
drills since then, but noted that there could be extenuating
circumstances in his case.
transferred to the Individual Ready Reserve (IRR) with a
recommendation for discharge under other than honorable
conditions.
-problems with Petitioner's civilian employment and recommended
On 9 November 1982 the Commanding General
transfer to the IRR.
directed transfer to the IRR by reason of misconduct based upon
with a tentative discharge
an established pattern of shirking,
under conditions other than honorable.
Subsequently, the commanding officer noted the
It was recommended that he be
e.
On 14 November 1982, Petitioner was transferred to the
The record entry states that
IRR.
contract to be discharged with a characterization of service
under conditions other than honorable."
the IRR until he was discharged under other than honorable
conditions on 10 April 1985,
enlistment.
which was the expiration of his
Petitioner remained in
Vpon expiration of enlistment
f.
Petitioner states in his application that he was hired
by the Orleans Levee District Police in 1982.
was required to attend a three months period of training at the
police academy, and for several months thereafter he was
scheduled for duty on the weekends and his employer would not
@low him time off to attend drills.
record so that he can reenlist.
He desires a change in his
Subsequently, he
There is no evidence in the record showing that
Petitioner was ever promoted to LCPL as he contends.
g-
CONCLUSION:
Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
The Board notes the finding of the ADB which indicates
action.
that there were mitigating factors in this case, which certainly
supp.orts his contention that he missed drills because of a job
conflict.
steps to ensure that his reserve unit knew his situation while he
and to resolve the conflicts with his
was in the police academy,
work schedule.
discharge to be valid, he should have been discharged on 14
November 1982 the date he was transferred to the IRR instead of
being retained until the expiration of his enlistment.
However, it appears that he did not take adequate
The Board believes that, in order for the
However,
2
the Board believes that sin% he served until the expiration of
his enlistment, discharge under other than honorable conditions
was inappropriate.
Board concludes that an honorable discharge is not warranted and
the record should be corrected to show that on 10 April 1985 he
vice the discharge under other
was issued a general discharge,
than honorable conditions now of record.
Since the record shows missed drills, the
The Board notes that there is no evidence in the record to show
that he was ever promoted to LCPL and believes that his inability
to attend drills would have provided a sufficient basis to deny
Therefore, his request for promotion to LCPL
such a promotion.
is denied.
RECOMMENDATION:
That Petitioner's naval record be corrected to show that
a.
10 April 1985 he was issued a general discharge, vice the
discharge under other than honorable conditions now of record.
b.
That Petitioner's request for promotion to LCPL be denied.
That this Report of Proceedings be filed in Petitioner's
C .
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.
&<&
z
ROBERT D. ZSALMAN
Recorder
.
Acting Recorder
TH
Pursuant to the delegation of authority set out in Section
5.
6(e) of the revised Procedures of the Board for Correction of
Naval Records (32 Code of Federal Regulations, Section
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.
723.6(e))
3
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