DEPARTMENT OF THE NAVY
B O A R D F O R C O R R E C T I O N O F N A V A L R E C O R D S
2 N A V Y A N N E X
W A S H I N G T O N D C 2 0 3 7 0 - 5 1 0 0
TJR
Docket No: 7498-01
24 April 2002
From: Chairman, Board for Correction of Naval Records
To:
Secretary of the Navy
Subj: REVIEW
Ref: (a) 10 U.S.C. 1552
Encl: (1) DD Form 149 with attachments
(2) Case summary
(3) Subject's naval record
1. 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 his
discharge be changed.
2. The Board, consisting of Mr. McPartlin, Ms. Nofziger, and Ms.
Suiter, reviewed Petitioner's allegations of error and injustice
on 23 April 2002 and, pursuant to its regulations, determined
that the corrective action indicated below should be taken on the
available evidence of record. Documentary material considered by
the Board consisted of the enclosures, naval records, and
applicable statutes, regulations, and policies.
3. The Board, having reviewed all the facts of record 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 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 3 January 1963
at age 20. He served on active duty for a period of three months
and 13 days. During this period Petitioner was not the subject
of any disciplinary actions.
d. On 19 March 1963 an aptitude board recommended Petitioner
for a general discharge by reason of unsuitability due to
schizoid traits.
e. On 25 March 1963, prior to the completion of recruit
training, and . pursuant to the recommendation of an aptitude
board, Petitionar was discharge by reason of unsuitability. In
accordance with directives which were then in effect, Petitioner
was issued a general discharge.
f. On 29 December 1976 the Secretary of Defense announced a
change in policy and authorized honorable discharges for service
members administratively separated during recruit training
because of marginal performance or minor disciplinary
infractions.
CONCLUSION:
Upon review and consideration of all the evidence of record, the
Board concludes that Petitioner's request warrants favorable
action.
The Board's finding is based on Petitioner's overall record of
military service and particularly the remedial changes in policy
which became effective after his discharge. Accordingly, the
Board concludes that relief in the form of recharacterization is
appropriate.
In view of the foregoing, the Board finds the existence of an
injustice warranting the following corrective action.
RECOMMENDATION :
a. That Petitioner's naval record be corrected to show that
Petitioner was honorably discharged on 25 March 1963 vice issued
a general discharge on that same day.
b. That a copy of this Report of Proceedings be filed in
Petitioner ' s naval record.
c. That, upon request, the Veterans Administration be
informed that Petitioner's application was received by the Board
on 25 September 2001.
4. It is certified that a quorum was present at the Board's
review and deliberations, and that the foregoing is a true and
complete record of the Board's proceedings in the above entitled
matter.
7
ROBERT D. ZSALMAN
Recorder
Acting Recorder
.
5 . P u r s u a n t t o t h e d e l e g a t i o n o f a u t h o r i t y set o u t i n S e c t i o n
6 ( e ) o f t h e revised P r o c e d u r e s o f t h e Board f o r C o r r e c t i o n o f
N a v a l Records (32 Code o f F e d e r a l R e g u l a t i o n , S e c t i o n 7 2 3 . 6 ( e ) )
a n d h a v i n g a s s u r e d compliance w i t h i t s p r o v i s i o n s , i t i s h e r e b y
announced t h a t t h e f o r e g o i n g c o r r e c t i v e a c t i o n , t a k e n under t h e
a u t h o r i t y o f r e f e r e n c e ( a ) , h a s been approved by t h e Board on
b e h a l f of t h e S e c r e t a r y o f t h e Navy.
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