Search Decisions

Decision Text

NAVY | BCNR | CY2001 | 05430-99
Original file (05430-99.pdf) Auto-classification: Approved
DEPARTMENT OF THE NAV
BOARD FOR CORRECTION OF NAVAL RECORDS

Y

2 NAVY ANNEX

WASHINGTON DC 203704100

TRG
Docket No:
7 July 2000

5430-99

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 United States Marine Corps
filed enclosure (1) with this Board requesting a better
characterization of service then the general discharge issued on
30 May 1974.

.

2.
The Board, consisting of Mr. Rothlein, Mr. Pfeiffer  
Whitener, reviewed Petitioner's allegations of error and
injustice on 27 June 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

and,Mr.

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
statute of limitations and review the application on its merits.

C .

Petitioner enlisted in the Marine Corps on 6 June 1973

She then served without any disciplinary actions

at age 18.
until her discharge.
May 1974 for the convenience   of the government due to pregnancy.

She was issued a general discharge on 30
i'
Character of service when an individual is discharged

due to pregnancy is based, in part,
on conduct and proficiency
averages which are computed from marks assigned during periodic
evaluations.
Petitioner was assigned two marks of 4.0 and one
mark  of 3.5 in conduct during her short period of service.
average of these marks is 3.8.

The
A minimum average mark of 4.0 in

d.

conduct was required at the time of her separation for a fully
honorable characterization of service.

CONCLUSION:

The Board notes that she served almost a year without

Upon review and consideration of all the evidence of record the
Board concludes that Petitioner's request warrants favorable
action.
any disciplinary infractions and was only evaluated on three
occasions.
difficulties adjusting to life in the Marine Corps.
circumstances the Board concludes that no useful purpose is now
served by stigmatizing her service with a general discharge and
the discharge should now be recharacterized to honorable.

Additionally, because of her youth she may have had

Given these

RECOMMENDATION:

That Petitioner's naval record be corrected to show that

a.
on 30 May 1974 she was issued an honorable discharge by reason of
convenience of the government due to pregnancy vice the general
discharge now of record.

That this Report of Proceedings be filed in Petitioner's

b.
naval record.

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. ZSALMAN
Recorder

Acting Recorder

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 723.6(e))
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 Naw.

Executive Di

2



Similar Decisions

  • NAVY | BCNR | CY2001 | 00940-01

    Original file (00940-01.pdf) Auto-classification: Approved

    1552 (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 United States Navy filed enclosure (1) with this Board requesting that her record be corrected to show entitlement to the Montgomery G. I. (Petitioner) requested to be separated from the U. An SPD of JDF would indicate that her separation was involuntary and she would be entitled to at least 28 months of MGIB benefits.

  • NAVY | BCNR | CY2001 | 06260-99

    Original file (06260-99.pdf) Auto-classification: Approved

    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 United States Marine Corps filed enclosure (1) with this Board requesting a better characterization of service than the general discharge issued on 26 May 1983. considered by the Board consisted of the enclosures, naval records, and applicable statutes, regulations and policies. was being...

  • NAVY | DRB | 2001_Navy | ND01-00049

    Original file (ND01-00049.rtf) Auto-classification: Denied

    (Equity Issue) Based on the additional documentation submitted, this former member further requests that the Board include provisions of SECNAVINST 5420.174C., enclosure (1), Chapter 9, as it pertains to post-service conduct, in assessing the merits of the application. Although not imminently suicidal or homicidal, she is a continuing risk to do harm to herself or others; 3) No psychiatric contraindications to any administrative, disciplinary or legal actions deemed necessary by parent...

  • NAVY | BCNR | CY2010 | 00631-10

    Original file (00631-10.pdf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that her general characterization of service issued on 25 October 1991, be changed to an honorable discharge. In view of the foregoing, the Board finds the existence of an injustice warranting the following corrective action. That Petitioner's naval record be corrected to show that she was issued an honorable discharge on 25 October 1991 vice...

  • NAVY | BCNR | CY2007 | 11354-07

    Original file (11354-07.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TUJR Docket No: 11354-07 19 November 2008 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD OF Wi Ref: (a) 10 U.S.C. The Board especially notes that Petitioner's conduct and proficiency averages met the requirements for a fully honorable characterization of service. c. That, upon request, the Department of Veterans Affairs be informed...

  • NAVY | BCNR | CY2007 | 05390-07

    Original file (05390-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a) , Petitioner, a member of the Marine Corps Reserve, filed an application with this Board requesting, in effect, that her record be corrected to show that she was released from active duty, vice being discharged 2 May 2002. Marine Corps regulations require the assignment of an RE-3N when a female Marine is separated early because of pregnancy or single parenthood.CONCLUSION:Upon review and consideration of all the evidence of record and especially...

  • NAVY | BCNR | CY2008 | 05249-08

    Original file (05249-08.pdf) Auto-classification: Approved

    DEPARTMENT OF THE NAVY BOARD FOR CORRECTION OF NAVAL RECORDS 2 NAVY ANNEX WASHINGTON DC 20370-5100 TUR Docket No: 5249-08 11 February 2009 From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW NAVAL RECORD ORM Ref: (a) 10 U.S.C. Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) with this Board requesting that the characterization of her discharge be changed. Based on the...

  • NAVY | BCNR | CY2007 | 06068-07

    Original file (06068-07.rtf) Auto-classification: Approved

    Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, applied to this Board requesting an honorable discharge vice the general discharge that he received on 16 June 1981.2. On 16 June 1981, the separation authority approved the separation recommendation and directed a general discharge by reason of misconduct due to frequent discreditable involvement. A general discharge was issued to members whose overall service record was not considered...

  • NAVY | BCNR | CY2002 | 10977-02

    Original file (10977-02.pdf) Auto-classification: Approved

    The Board, consisting of Mr.--Mr.d.lIlband -reviewed Petitioner's allegations of error and injustice on 29 July 2003 and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record. The record should then show that, on 5 December 1996, she began terminal leave and remained in that status until she was honorably discharged by reason of pregnancy/childbirth on 26 December 1996 with two years, six months of active...

  • NAVY | BCNR | CY2002 | 07301-01

    Original file (07301-01.pdf) Auto-classification: Approved

    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...