DEPARTMENT OF THE NAVY
BOARD FOR CORRECTION OF NAVAL RECORD
S
2 NAVY ANNE
X
WASHINGTON DC 20370-510
0
WMP
Docket No. 0215-02
15 Jul 200 2
From:
To:
Subj:
Ref:
Encl:
Chairman, Board for Correction of Naval Records
Secretary of the Navy
L RECORD 0
(a) 10 U.S.C. 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 Marine Corps, applied to this Board
changes in the characterization of service
requesting, in effect,
and reenlistment code.
The Board, consisting of Messrs. Neuschafer, Cooper, and
2.
Dunne, reviewed Petitioner's allegations of error and injustice
on 10 July 2002 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, regulations and policies.
Documentary material considered by
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 Petitioner's application to the
Board was not filed in a timely manner, it is in the interest of
justice to waiver the statute of limitations and review the
application on its merits.
C .
Petitioner enlisted in the Marine Corps on 20 August
He served without incident until 19 December
1995 at age 18.
1996, when he was convicted by special court-martial of an
unauthorized absence from 30 September to 8 November 1996.
Punishment imposed was a forfeiture of $539, 30 days of
confinement, and reduction in rank, from private first class
2) to private (E-l).
(E-
d.
court-
Petitioner's record further shows that after the
martial conviction, he served without further incident and was
On 19 August 1999, he was
promoted to lance corporal (E-3).
released from active duty and transferred to the Marine Corps
Reserve.
been under honorable conditions and not fully honorable.
record further reflects that upon completion of his present
military obligation on 5 December 2002,
discharge.
At that time, his service was characterized as having
His
he will receive a general
e.
Characterization of service is based, in part, on conduct
and proficiency averages computed from periodically assigned
marks.
service, an individual must attain a minimum conduct average of
4.0 and a proficiency average of 3.0.
and conduct averages were 4.2 and 3.7, respectively.
his proficiency and conduct mark averages after his special
court-martial conviction were 4.46 and 4.38, respectively.
In order to receive a fully honorable characterization of
Petitioner's proficiency
However,
CONCLUSION:
The Board believes that, although
Upon review and consideration of all the evidence of record the
Board now finds the existence of an injustice warranting
corrective action.
Petitioner's service was properly characterized as under
honorable conditions because his conduct mark average was below
the minimum required for a fully honorable characterization, he
maintained a clear record from the time of his one act of
misconduct until his release from active duty in August 1999, a
He also was promoted twice during
period of almost three years.
that period.
Furthermore, the Board concluded that although his
misconduct was serious enough to warrant a summary court-martial,
he was not processed for separation, which indicates that his
superiors believed that he had the potential to avoid misconduct
and become a productive member of the Marine Corps.
this is exactly what happened.
that a fully honorable characterization of service is more
Since Petitioner
appropriate than under honorable conditions.
has the potential to provide further service in the future, the
Board believes that his reenlistment code should be changed to
RE-1A.
Fortunately,
Accordingly, the Board concludes
RECOMMENDATION:
a.
That Petitioner's naval record be corrected to show
that he was honorably released from active duty on 19 August
1999, vice the release under honorable conditions actually issued
on that date.
2
b.
That the record be further corrected to show that on 19
RE-1A reenlistment code,
August 1999, Petitioner was issued an
vice the RE-4 reenlistment code actually issued on that date.
C .
That any material or entries inconsistent with or
relating to the Board's recommendation be corrected, removed or
completely expunged from Petitioner's record and that no such
entries or material be added to the record in the future.
d.
That any material directed to be removed from
Petitioner's naval record be returned to the Board, together with
a copy of this Report of Proceedings, for retention in a
confidential file maintained for such purpose, with no cross
reference being made a part of Petitioner's 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.
ROBERT D. ZSALMAN
Recorder
ALAN E. GOLDSMITH
Acting Recorder
5. Pursuant to the delegation of authority set out in Section
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
authority of reference (a),
has been approved by the Board on
behalf of the Secretary of the Navy.
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